PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 September 2002                   
	DOCKET NUMBER:   AR2002067468

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Thomas B. Redfern 		Member	
	Mr. 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records

	Exhibit B - Military Personnel Records (including advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his number of years of service on active duty, his date of birth, and the wording of his reason for separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant states, in effect, that his discharge document is wrong because of the nature and manner of his discharge and the fact that he was on excess leave at the time the form was completed.

4.  The applicant's file contains a complete copy of his enlistment documents.  The DD Form 4/1 shows that he enlisted in the Army Reserve on 12 November 1980.  It shows his date of birth, verified by a copy of his birth certificate, as 11 March 1962, and that his place of enlistment was Little Rock, Arkansas.  The DD Form 4/4 shows that he entered active duty on 20 January 1981.  He had 69 days of inactive service.

5.  A copy of Headquarters US Army Training Center Engineer and Fort Leonard Wood, Orders Number 119-250, shows that the applicant successfully completed training for and was awarded the military occupational specialty (MOS) 12F (engineer vehicle crewman) on 15 May 1981. 

6.  The applicant's record shows he was assigned to Fort Polk, Louisiana from completion of his training until his last period of AWOL.  He was reassigned to Fort Sill, Oklahoma from the date of his return to military control until his discharge.  There is no indication of any overseas service.

7.  The applicant's DA Form 2-1 (Personnel Qualifications Record) shows that he was promoted to pay grade E-3 on 1 November 1981.  He was reduced to pay grade E-2 on 7 July 1983 and to E-1 on 16 August 1983.  The form shows that he qualified as a sharpshooter with the M-16 rifle and as a marksman with hand grenade.  He is also shown to have qualified for and been awarded of the Army Service Ribbon.

8.  The applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) twice for being absent without leave (AWOL), from 23 August 1983 through 28 August 1983 (6 days) and 1 September 1983 through 12 September 1983 (12 days). 

9.  On 10 January 1984, court-martial charges were preferred for a 3rd period of AWOL, 4 November 1983 through 31 December 1983 (58 days).  

10.  On 11 January 1984, he acknowledged his rights and, after consultation with a military lawyer, submitted an unqualified request to be discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10.  He declined to submit a statement on his own behalf or to be represented by counsel.
11.  It appears that the applicant was placed on excess leave as of 11 January 1984.  He was extended on active duty beyond his normal date of separation (19 January 1984) pending finalization of his discharge processing.

12.  The discharge authority accepted the discharge request and directed that the applicant be furnished an Under Other Than Honorable Conditions Discharge Certificate.

13.  The applicant was discharged on 9 February 1984 in accordance with Army Regulation 635-200, Chapter 10, under other than honorable conditions.  The applicant was on active duty for the period 20 January 1981 through 9 February 1984, 3 years and 19 days.  He had 76 days lost due to AWOL for 2 years, 10 months, and 4 days net creditable service.  

14.  The applicant's DD Form 214 (Report of Separation or Discharge) incorrectly lists the following information at:

a.  Block 5, the applicant's date of birth as 29 June 1957;

b.  Block 6, the point of entry onto active duty as Houston, TX;

c.  Block 11, the applicant's MOS as an 11B10C2, Infantryman for 7 years and 11 months;

d.  Block 12a, that he entered active duty on 3 November 1975;

e.  Block 12c, that he has 2 years and 7 days net service for this period;

f.  Block 12e, that he has no prior inactive service;

g.  Block 12f, that he had 5 months and 25 days of foreign service;

h.  Block 12h, that he has an effective date of pay grade of 21 November 1977;

i.  Block 18, shows excess leave of 29 days, 11 January 1984 through 9 February 1984; 

j.  Block 29, lists the dates of lost time during this period as "760315-760316, 761010-761017, 760505-760505, 760601-76602, 770622-770629, 770725-770726, 7708-08-771004, and 771128-831230."

15.  The applicant applied to the Army Discharge Review Board and by their 7 October 1997 unanimous decision, he was denied any change of the characterization or reason for discharge.
CONCLUSIONS:

1.  The narrative reason for discharge, as displayed on the applicant's DD Form 214, is correct and proper.

2.  The Board finds that the applicant's discharge document is so grossly incorrect that it misrepresents the applicant's period of service.  It must be voided and a corrected DD Form 214 needs to be issued.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by reissuing the individual concerned a corrected DD Form 214 reflecting the correct information as noted below:

a.  Block 5, to show the applicant's date of birth as 11 March 1962;

b.  Block 6, the point of entry onto active duty as Little Rock, Arkansas;

c.  Block 11, to show the applicant's MOS as 12F10 (engineer vehicle crewman) for 2 years and 8 months;

d.  Block 12a, that he entered active duty on 20 January 1981;

e.  Block 12b, that he was separated on 9 February 1984;

f.  Block 12c, that he has 2 years, 10 months, and 4 days net service for this period;

g.  Block 12d, that he had no prior active service; 

h.  Block 12e, that he had 69 days prior inactive service;

i.  Block 12f, that he had no foreign service;

j.  Block 12g, that he had no sea service;

k.  Block 12h, that he had an effective date of pay grade of 16 August 1983;

l.  Block 13, to show the award of the Army Service Ribbon, the Sharpshooter Qualification Badge with Rifle Bar and the Marksman Qualification Badge with Hand Grenade Bar;

m.  Block 25, to show the separation authority as AR 635-200, Chapter 10;

n.  Block 28, to show a narrative reason for separation as for the good of the service – in lieu of trial by court-martial; and 

o.  Block 29, to list the dates of lost time during as 23 August 1983 through 28 August 1983, 1 September 1983 through 12 September 1983, and 4 November 1983 through 31 December 1983.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_EJA____  ___TBR_  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Elzey J. Arledge________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067468	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant Partial	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	110.01	
3.		
4.		
5.		
6.