2. The applicant requests, correction of his DD Form 214 (Report of Separation From Active Duty) to show separate periods of service.
3. The applicants military records are lost. Information herein was obtained from reconstructed personnel records or from alternate sources.
4. The applicant's military records show he was born on
17 January 1952. He completed 12 years of formal education. On 27 June 1972, he enlisted into the Regular Army for
3 years. His Armed Forces Qualification Test score was
34 (Category III). He completed the required training and was awarded military occupational specialty 91B10 (Medical Specialist). On 7 April 1975, the applicant was honorably discharged after serving 2 years, 9 months and 11 days of active creditable service. On 8 April 1975, the applicant reenlisted for 6 years. During this enlistment the applicant was awarded the Good Conduct Medal (Second Award), the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon and he was advanced to pay grade E-6. On 8 April 1980, the applicant was honorably discharged after serving 5 years of creditable active service. On 9 April 1980, the applicant again reenlisted for 3 years.
5. On 16 January 1981, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for disorderly conduct. His imposed punishment was a forfeiture of $250 pay.
6. On 7 January 1983, the applicant accepted an NJP, under Article 15, UCMJ, for leaving his appointed place of duty without proper authority for dereliction of duty. His imposed punishment was a reduction to pay grade E-5 (suspended for 5 months) and a forfeiture of $200 pay per month for 5 months (suspended for 5 months).
7. The facts and circumstances pertaining to the applicant's discharge are not on file. The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 4 April 1983, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service in lieu of trial by court-martial with a discharge under other than conditions (UOTHC). He had completed 10 years 9 months and 7 days of creditable active service.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge UOTHC is normally considered appropriate.
9. The VA, in determining qualifications for benefits administered by that agency, generally holds that an individuals who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA determines that the early discharge amounted to a complete and unconditional separation from the service.
CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
2. But, in view of the honorable character of his prior terms of service, his honorable discharge on 8 April 1980, should be considered a complete and unconditional separation.
3. The circumstances of the applicants honorable discharge on 8 April 1980, have worked an injustice upon him by depriving him of consideration for certain VA benefits for the preceding periods of service.
5. In consideration of the foregoing findings and conclusions, and in recognition of his more than 7 1/2 years, of good service, it would be unjust to consider his honorable discharge of 8 April 1980, as other than a complete and unconditional separation from the military service.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 8 April 1980.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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