IN THE CASE OF: BOARD DATE: 11 July 2013 DOCKET NUMBER: AR20120020498 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to account for his active military service and to show he served in Iraq and was awarded the Combat Action Badge. 2. The applicant states: * he never received a DD Form 214 * the U.S. Army Human Resources Command (HRC) instructed him to contact this Board for the issuance of a DD Form 214 * his record is devoid of all documentation related to his training and achievements, specifically basic combat training, airborne training, and his deployment with associated medals * someone tampered with his record * he has been in contact with various agencies, including the National Personnel Records Center, HRC, and officials at Fort Bragg, NC – they all referred him to this Board 3. The applicant provides: * information paper and Official Statement of Service issued by HRC-St. Louis, dated 29 October 2008 * letter to his Member of Congress from HRC-Indianapolis (formerly the U.S. Army Enlisted Records and Evaluation Center), dated 21 May 2009 * letter from the Department of Veterans Affairs (VA), dated 26 April 2010 * newspaper/magazine article from "The Old Ironsides Report," dated 5 November 2003 * Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 21 September 2012 * Permanent Orders Number 168-23, Headquarters, 1st Battalion, 325th Airborne Infantry Regiment, Fort Bragg, NC, dated 16 June 2004 * VA Rating Decision, dated 11 March 2010 * statements in support of his service in Iraq * photographs CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows: * he was born on 9 August 1983 * on 11 May 2001, he enlisted in the Delayed Entry Program (DEP) of the U.S. Army Reserve at the Harrisburg Military Entrance Processing Station (MEPS), Mechanicsburg, PA * he listed his home of record as XXX W. M____ Street, Nanticoke, PA  18634 * on 17 May 2001, he was discharged from the DEP * on 18 May 2001, he enlisted in the Regular Army in the rank/grade of private/E-1 for a period of 4 years at the Harrisburg MEPS, Mechanicsburg, PA 3. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist). Subsequent to completion of his MOS training, he was reassigned to Headquarters and Headquarters Company, 1st Battalion, 325th Infantry Regiment (Airborne), 82nd Airborne Division, Fort Bragg, NC. 4. Permanent Orders Number 168-23, Headquarters, 1st Battalion, 325th Airborne Infantry Regiment, dated 16 June 2004, awarded him the Army Good Conduct Medal (1st Award) for exemplary service from 19 May 2001 through 18 May 2004. His rank/grade is shown as specialist (SPC)/E-4. 5. On 29 November 2004, his unit reported him in an absent without leave (AWOL) status and he was dropped from the rolls (DFR) as a deserter on 30 December 2004. 6. There is no indication that his unit/chain of command initiated an inquiry regarding his whereabouts, notified his next of kin of his duty status, initiated a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), or initiated court-martial charges against him at the time. 7. On 29 October 2008, HRC-St. Louis issued him an Official Statement of Service confirming he served on active duty from 18 May 2001 through 11 July 2005. The Official Statement of Service shows he was discharged for completion of required active service and his service was characterized as under honorable conditions. However, his record is void of any and all documentation related to the processing of his discharge. 8. Subsequent correspondence by staff members of the Board with HRC officials could not explain how either his discharge date or his character of service was established. 9. On 2 April 2009, he filed a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) wherein he petitioned the Army Discharge Review Board (ADRB) for an upgrade of his general discharge under honorable conditions as shown on his Official Statement of Service. On 8 July 2009, the ADRB denied his petition. 10. On 21 May 2009, an official at HRC-Indianapolis responded to an inquiry filed by his Member of Congress regarding the DD Form 214 issue wherein he stated: a. The applicant's last unit of assignment was the 1st Battalion, 325th Airborne Infantry Regiment, Fort Bragg, NC. He departed the installation before the proper administrative clearing was completed that was necessary for separation action to be initiated and the separation orders and DD Form 214 to be issued. b. HRC recommended that the applicant contact the ABCMR to request that the Board investigate the circumstances surrounding his separation and the issuance of his DD Form 214. HRC further recommended that he contact the VA concerning his medical issues. 11. On 26 April 2010, the VA awarded him service-connected disability compensation for major depressive disorder at the rate of 30 percent. The VA established his dates of active service as 18 May 2001 through 11 July 2005. It appears these dates were based on the Official Statement of Service issued by HRC-St. Louis. 12. On 8 June 2012, the Commander, 1st Battalion, 325th Infantry, 2nd Brigade, 82nd Airborne Division, Fort Bragg, NC, preferred court-martial charges against the applicant for one specification of being AWOL from 29 November 2004 with intent to remain so permanently in violation of Article 86 of the Uniform Code of Military Justice (UCMJ). The DD Form 458 (Charge Sheet) shows his rank/grade as private/E-1. 13. On 11 June 2012, the Brigade G-1 initiated a DD Form 553 (Deserter/ Absentee Wanted by the Armed Forces), wherein the applicant was reported as a deserter effective 30 December 2004. 14. On 29 June 2012 by follow-on letter, the 82nd Airborne Division G-1 notified his parents at his home of record address that he had been DFR as a deserter since 30 December 2004. He again informed the parents to urge the applicant to return to military control. His rank/grade is shown as SPC/E-4. 15. On 13 August 2012, the Brigade G-1 initiated two DA Forms 4187 (Personnel Action) that reported the applicant in an AWOL status effective 29 November 2004 and in a deserter status effective 30 December 2004. His rank/grade is shown as SPC/E-4 on these DA Forms 4187. 16. On 14 September 2012, he was apprehended by civil authorities in Bloomsburg, PA, and was confined in the Columbia County Prison, Bloomsburg, PA. He was processed by a criminal investigation clerk of the National Crime Information Center and returned to military control at Fort Brag, NC. Upon further processing, he was returned to his unit. 17. In an attempt to establish his final disposition, a staff member contacted the applicant's former Fort Bragg unit; the Fort Bragg Transition Center; the Defense Finance and Accounting Service (DFAS); and HRC-Fort Knox, Fort Knox, KY. a. An official at the applicant's former unit advised the following by email on 21 May 2013: * the applicant was apprehended in September 2012 as the unit was returning from a field training exercise and preparing to go to the Joint Readiness Training Center (JRTC) * the unit began to process him back into the Army in order to "chapter him out," but ran into problems * the unit assigned him an escort and then departed for the JRTC * no one was sure why he was brought back to the unit * the Division G-1 concluded the applicant was already discharged from the Army * the Division Judge Advocate General's (JAG) Office concluded the same * a final call to officials at HRC confirmed the applicant had already been discharged * according to HRC, an Official Statement of Service can be used in lieu of the DD Form 214 b. The Chief of the Fort Bragg Transition Center advised by email, dated 22 May 2013, that according to the Battalion Executive Officer, when the applicant returned to military control in September 2012, the battalion was advised by G-1 and JAG officials that he was no longer in the Army. The only separation from the Army was as a deserter and there is no record that shows he was re-accessed into the Army. Without supporting documentation of his service, they could not produce a DD Form 214 or separation orders. c. DFAS advised by email, dated 22 May 2013, that: * the applicant was reported AWOL on 29 November 2004 * his master military pay account was suspended on 10 May 2005 * a data entry made in the Total Army Personnel Database by an official at Fort Bragg resulted in his separation on 15 May 2005 * he was re-accessed on 15 September 2012 (when he was apprehended) * his account was again suspended on 27 March 2013 pending disposition of his case d. A memorandum from the Chief, Army Personnel Records Division, HRC, dated 10 June 2013, stated that in accordance with Army Regulation 630-10 (Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings), paragraph 4-2, Soldiers who return to military control at their installation of assignment are sent to the unit from which they are AWOL. The applicant's last unit of assignment was the 1st Battalion, 325th Infantry, Fort Bragg, NC. As such, Fort Bragg is responsible for issuance of the separation orders and the DD Form 214. 18. His DA Form 2-1 (Personnel Qualification Record) shows: * he was awarded or authorized the Army Service Ribbon and Parachutist Badge * he completed the 17-week Signal Support Systems Specialist Course at the U.S. Army Signal School and Fort Gordon, GA, in 2001 19. He submitted two statements and several color photographs: * one statement from who appears to be his mother states he served in Iraq from March 2003 to February 2004 and that she sent him care packages during his deployment * a second statement from who appears to be his sister states he served in Iraq from March 2003 to February 2004 and that she sent him care packages during his deployment * several color photographs show the applicant and his fellow Soldiers 20. According to his ARPC Form 249-E, he served in the Regular Army from 11 May 2001 to 11 July 2005; however, his final disposition is not indicated. 21. An email from DFAS, dated 24 June 2013, confirmed the applicant received hazardous fire/imminent danger pay for service in Kuwait during the period 16 February 2003 through 29 January 2004. 22. Army Regulation 190-9 (Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies) provides policies and procedures for reporting absentees and deserters, special-category absentees, and political defectors using the automated law enforcement telecommunications; apprehending and processing of absentees and deserters; and the surrender of military personnel to civilian law enforcement authorities. a. Paragraph 2-1 (Notification) states the unit commander notifies the local provost marshal within 48 hours after a Soldier has been reported AWOL. Upon receipt of an AWOL report, the provost marshal initiates a DA Form 3975 (Military Police Report) and a corresponding blotter entry on a DA Form 3997 (Military Police Desk Blotter). b. Paragraph 3-1 (Administrative Report) states the unit commander administratively classifies an absentee as a deserter and completes a DD Form 553 when the facts and circumstances of the absence, without regard to the length of absence, indicate that the Soldier may have committed the offense of desertion as defined in Article 85, UCMJ, or if the Soldier has been AWOL for 30 consecutive days. The unit commander promptly reports deserters to the provost marshal via a DD Form 553. c. Paragraph 4-1 (AWOL/Deserter Apprehension Efforts) states the return of absentees to military control is a command responsibility. 23. Army Regulation 630-10 provides policies and procedures for reporting unauthorized absentees and deserters, administering of AWOL personnel and deserters, returning absentees and deserters to military control, and surrendering of military personnel to civilian law enforcement authorities. a. Paragraph 3-1 (DFR) states the unit commander completes a DA Form 4187, reporting the Soldier's change of duty status from AWOL to DFR and notifies the military pay office within 48 hours of the Soldier's change in duty status from AWOL to DFR. He or she completes a DD Form 553 and sends the completed DD Form 553 to the supporting provost marshal per Army Regulation 190-45 (Law Enforcement Reporting). The unit commander also files court-martial charges on a DD Form 458. b. Paragraph 4-2 (Processing AWOL) states personnel returned to military control at an installation other than the one to which they are assigned are attached to a unit on the installation for the purpose of classifying the absence. After completing the classification action, the Soldier is returned to his or her permanent unit of assignment. c. Paragraph 4-9 (Personnel Not Previously Reported) states that when personnel returned to military control were not properly reported AWOL or DFR, the commander managing the case prepares a DA Form 4187 and applicable electronic military personnel office transactions to document and report the absence and return. The commander does not report personnel DFR as long as they are under military control. 24. Army Regulation 600-8-22 (Military Awards) states: a. The Army Service Ribbon is awarded to members of the U.S. Army for successful completion of initial entry training. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. d. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general AOE encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and Iraqi Freedom in designated specific geographic AOEs, including Kuwait. e. The Combat Action Badge is awarded or authorized from 18 September 2001 to a date to be determined. The requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge; however, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. f. The Parachutist Badge is awarded to a member who has satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or has participated in at least one combat parachute jump. 25. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. Paragraph 2-1 states a DD Form 214 will be prepared for Active Army Soldiers upon termination of active duty service by reason of administrative separation. a. Item 12a (Date Entered Active Duty This Period) – enter the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued. b. Item 12b (Separation Date This Period) – enter the Soldier's transition date; this date may not be the contractual date if the Soldier is separated early, voluntarily extends, is extended for makeup of lost time, or is retained on active duty for the convenience of the government. c. Item 12c (Net Active Service This Period) – enter the amount of service completed during this period computed by subtracting item 12a from item 12b. Lost time under Title 10, U.S. Code, section 972, is deducted. d. Item 12f (Foreign Service) – enter the total amount of foreign service completed during the period covered in item 12c. e. Item 14 (Military Education) – shows the Soldier's military education and is obtained from the Enlisted/Officer Record Brief. It shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed. f. Item 18 (Remarks) – for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." g. Item 21 (Signature of Member Being Separated) – when a Soldier is discharged in absentia or physically unable to sign, enter "SOLDIER NOT AVAILABLE TO SIGN." h. Item 29 (Dates of Time Lost During This Period (YYYYMMDD)) – shows time lost and is subtracted from item 12c if the lost time was not "made good." Lost time under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits. However, the Army preserves a record (even after time is made up) to explain which service between the date of entry on active duty (item 12a) and separation date (item 12b) is creditable service. For enlisted Soldiers, item 29 shows inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972. 26. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-3 (Secretarial Plenary Authority) states separation under this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily it is used when no other provision of this regulation applies and early separation is clearly in the best interest of the Army. The narrative reason for discharge of "Secretarial Authority" has a corresponding separation program designator (SPD) code of "JFF." b. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the Regular Army on 18 May 2001. On 29 November 2004, he was reported as AWOL and he was DFR as a deserter on 30 December 2004. He was never issued separation orders or a DD Form 214. 2. Although the applicant's extended AWOL and desertion, as well as his failure to properly out-process from the Army and Fort Bragg, significantly impacted the current situation, several errors were also committed by various officials in their attempt to process him. a. First, the applicant departed his unit in an AWOL status. He remained in this status for several years. He does not explain what action(s) he took to address this issue. This suggests the appearance of "unclean hands." In other words, it is reasonable to presume the applicant is not entitled to equitable relief because he did not act in good faith with respect to the issue at hand. b. Second, the unit commander is responsible for promptly and accurately determining if a Soldier's absence is authorized or unauthorized, and if such an absence should be chargeable as time lost to be made good. In this case, it is unclear if, in November 2004, his unit commander: * determined the applicant entered into an unauthorized absence status * conducted an inquiry of his whereabouts * initiated the proper duty status changes * initiated the appropriate documents to suspend favorable personnel actions * initiated the appropriate documents to discontinue his allotments, inventory his remaining personal property, notify his next of kin, and prepare the DFR packet after his 31st day of consecutive absence c. Third, when the applicant was DFR in December 2004, it is unclear if his unit commander: * initiated/processed the appropriate duty status change * prepared the DD Form 458 * initiated the DD Form 553 within 48 hours of his classification as being DFR as required by Army Regulation 190-9 * notified his next of kin * forwarded a DA Form 4187, DD Form 458, and DD Form 553 to the record custodian section and/or law enforcement officials (Provost Marshal Office) d. Fourth, it is also unclear why HRC-St. Louis issued him an Official Statement of Service covering the period 18 November 2001 through 11 July 2005 without verifying his disposition and/or status. It is equally unclear how HRC determined he received an under honorable conditions character of service. e. Lastly, it is further unclear what basis the Fort Bragg Division G-1 and/or the Fort Bragg legal office used to advise the unit to release the applicant upon his return to military control in 2012. 3. What is clear is that the applicant was denied due process in that he was never presented with court-martial charges or the opportunity to defend himself against these charges. He was also never issued separation orders or a DD Form 214 by the same officials who contributed to his current situation. 4. Therefore, having served in excess of 90 days on active duty, and since no other provision of Army Regulation 635-200 applies in his case given his unique circumstances and given that his separation is clearly in the best interest of the Army, he is entitled to separation under Secretarial Authority and to the issuance of separation orders and a DD Form 214. 5. He enlisted in the Regular Army for a 4-year commitment on 18 May 2001. His commitment would have ended on 17 May 2005. He was AWOL from 29 November 2004 through his separation date. As such, his records should be corrected to show he was separated on that date and issued a DD Form 214 as recommended below. His Official Statement of Service should be voided. 6. The evidence of record shows he completed the 17-week Signal Support Systems Specialist Course at the U.S. Army Signal School and Fort Gordon, in 2001. This entry should be listed on his DD Form 214. Basic combat training is not listed on the DD Form 214. 7. It is reasonable to conclude he attended and completed the basic Airborne course, since his record shows he was awarded the Parachutist Badge. Therefore, it would be appropriate to correct his record to show he completed the basic Airborne course. As a result of his completion of formal MOS training and the basic Airborne course, he is authorized the Army Service Ribbon and Parachutist Badge. 8. The evidence of record further shows he served in Kuwait from 16 February 2003 through 29 January 2004. While he may have served in Iraq, the exact dates of his service there cannot be determined. Accordingly, he is entitled to correction of his records to show only his service in Kuwait, and to show he was awarded or authorized the National Defense Service Medal, GWOTEM, and GWOTSM. 9. Permanent orders awarded him the Army Good Conduct Medal (1st Award); therefore, his records should be corrected to show this award. 10. There are no orders in his records and he provides none to show he was recommended for or awarded the Combat Action Badge. Therefore, there is insufficient evidence to add this badge to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X___ _ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his Official Statement of Service, dated 29 October 2008; b. issuing him orders separating him in the rank/grade of private/E-1 effective 17 May 2005 by reason of his expiration of term of service; c. issuing him a DD Form 214 for the period 18 May 2001 through 17 May 2005 consisting of the following entries: * item 1 (Name (Last, First, Middle)) – as shown on his enlistment contract * item 2 (Department, Component or Branch) – ARMY/RA * item 3 (Social Security Number) – as shown on his enlistment contract * item 4a (Grade, Rate, or Rank) – PVT * item 4b (Pay Grade) – E-1 * item 5 (Date of Birth) – as shown on his enlistment contract * item 6 (Reserve Obligation Termination date) – 0000  00  00 * item 7a (Place of Entry Into Active Duty) – MECHANICSBURG, PA * item 7b (Home of Record) – XXX W. M____ STREET, NANTICOKE, PA  18634 * item 8a (Last Duty Assignment and Major Command) – HHC, 1ST BATTALION/325TH AIRBORNE INFANTRY REGIMENT, 82ND AIRBORNE DIVISION, FC * item 8b (Station Where Separated) – FORT BRAGG, NC * item 9 (Command to Which Transferred) – NA * item 10 (SGLI Coverage Amount) – $400,000 * item 11 (Primary Specialty) – 31U (SIGNAL SUPPORT SYSTEMS SPECIALIST) – 3 YEARS, 3 MONTHS * item 12a – 2001  05  18 * item 12b – 2005  05  17 * item 12c – 0003  06  12 * item 12d (Total Prior Active Service) – 0000  00  00 * item 12e (Total Prior Inactive Service) – 0000  00  00 * item 12f – 0000  11  14 * item 12h (Effective Date of Pay Grade) – Unknown * item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) – * ARMY GOOD CONDUCT MEDAL (1ST AWARD) * NATIONAL DEFENSE SERVICE MEDAL * GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL * GLOBAL WAR ON TERRORISM SERVICE MEDAL * ARMY SERVICE RIBBON * PARACHUTIST BADGE * item 14 – * SIGNAL SUPPORT SYSTEMS SPECIALIST COURSE, 17 WEEKS, 2001 * BASIC AIRBORNE COURSE, 3 WEEKS, 2001 * item 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program) – NO * item 15b (High School Graduate or Equivalent) – YES * item 16 (Days Accrued Leave Paid) – NA * item 17 (Member Was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment within 90 days Prior to Separation) – NO * item 18 – * DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS * MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE * PERIOD OF DELAYED ENTRY PROGRAM: 20010511-20010517 * 168 DAYS OF LOST TIME DUE TO AWOL/DESERTION * SERVICE IN KUWAIT FROM 20030216-20040129 * DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON ___ * item 19a (Mailing Address after Separation) – XXX W. M____ STREET, NANTICOKE, PA  18634 * item 19b (Nearest Relative) – XXX W. M____ STREET, NANTICOKE, PA  18634 * item 20 (Member Requests Copy 6 Be Sent to "PA" Director of Veterans Affairs) – "YES" * item 21 – SOLDIER NOT AVAILABLE TO SIGN * item 23 (Type of Separation) – DISCHARGE * item 24 (Character of Service) – HONORABLE * item 25 (Separation Authority) – ARMY REGULATION 635-200, PARAGRAPH 5-3 * item 26 (Separation Code) – JFF * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – SECRETARIAL AUTHORITY * item 29 – 20041129-20050517 * item 30 (Member Requests Copy 4) – MJG 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to add award of the Combat Action Badge or completion of Basic Combat Training. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120020498 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1