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Decision Text

ARMY | BCMR | CY1997 | 9711018
Original file (9711018.rtf) Auto-classification: Approved
2. The applicant requests correction of his DD Form 214 (Report of Separation), line(s) 6 (Reserve Oblig. Term. Date), 11 (Primary Specialty), 12 a-h (Record of Service), 13 (Decorations, Medals, etc), 14 (Military Education), and 16 (Days Accrued Leave Paid).

3. The applicant states, in effect, information on these line items are incorrect.

4. Records available to the Board show that the applicant was born on
30 March 1967. He enlisted in the Army National Guard on 23 December 1991 and awarded MOS 55B10 (Ammunition Specialist). On 7 February 1993, applicant was discharged with an Honorable characterization of service and transferred to the Army Reserve. He enlisted in the Regular Army on 8 February 1993 for 3 years and awarded MOS 63B10 (Light Wheel Vehicle Mechanic). On 2 July 1993, applicant was discharged with an Uncharacterized character of service. He received the Army Service Ribbon, the National Defense Service Medal, the First Class Badge (Grenade), and the Sharpshooter Badge (M-16). His DD Form 214 does not show these as authorized awards or his military education. The applicant’s records show that he earned these awards and completed his military education.

5. Although applicant did not request that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) be changed, evidence of record shows that he received an Article 15, Uniform Code of Military Justice (UCMJ), on 7 June 1993 with the following punishment imposed; reduction to grade E-1; forfeiture of $189.00; 14 days extra duty and 14 days restriction.

6. The Board also notes that applicant submitted a DD Form 293 on 18 October 1994 to have the reason and authority changed on his DD Form 214 by the Army Discharge Review Board (ADRB). On 5 June 1997, reason and authority was changed from; AR 635-200, Chapter 13 Unsatisfactory Performance, to; AR 635-200, Chapter 5, Sec II Directed by the Secretary of the Army.

CONCLUSIONS :

1. Based on the applicant being reduced by UCMJ, items 4a and 4b on his DD Form 214 should read PVT not PV2 and E-1 not E-2.

2. Item 6 of his DD Form 214 is correct, since he was discharged before serving his entire enlistment and was not transferred to an Army Reserve unit.

3. Because applicant was discharged before serving in his second MOS, item 11 of his DD Form 214 is correct for this time period.

4. Item 12a (Date Entered AD This Period) was corrected to read 93-02-08 during previous board action by the ADRB. Records indicate this is the period that applicant enlisted into the Regular Army therefore no change is warranted. Item 12b (Separation Date This Period) is correct. Item 12c (Net Active Service This Period) should read 00-04-04 not 00-04-25 as previously changed by the ADRB. Item 12d (Total Prior Active Service) is correct. Item 12e (Total Prior Inactive Service) should read 01-01-15 not 00-00-15. Records indicate this is inactive time served by the applicant while in the Army National Guard. Item(s) 12f (Foreign Service) & 12g (Sea Service) are correct. Item 12h (Effective Date of Pay Grade) should read 93-06-07 not 92-02-08. Records indicate this is the date that applicant received UCMJ action and was reduced in rank.

5. Applicant was awarded the Army Service Ribbon, the National Defense Service Medal, the Sharpshooter Badge (M-16), and the First Class Badge (Grenade); therefore, applicant is entitled to correction of his DD Form 214,
item 13, to show these awards.

6. Applicant satisfactorily completed courses in MOS(s) 55B and 63B, therefore item 14 should read as follows: Ammunition Specialist (55B)-5 weeks-April 1992 //Light Wheel Vehicle Mechanic (63B)-13 weeks-June 1993.

7. There is no evidence of record which shows that the applicant accrued leave that was not used, therefore item 16 is correct.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing that the individual’s DD Form 214, item(s) 4a be corrected to show PVT not PV2, 4b be corrected to show E-1 not E-2, 12c be corrected to show 00-04-04 not 00-04-25, 12e be corrected to show 01-01-15 not 00-00-15, 12h be corrected to show 93-06-07 not 92-02-08, 13 be corrected to show award of the Army Service Ribbon, the National Defense Service Medal, the Sharpshooter Badge (M-16), and the First Class Badge (Grenade) and 14 be corrected to show Ammunition Specialist (55B)-5 weeks-April 1992//Light Wheel Vehicle Mechanic (63B)-13 weeks-June 1993 and a new DD Form 214 be issued.

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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