PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 September 2001
         DOCKET NUMBER: AR2001057732


         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Thomas E. O’Shaughnessy		Member
Mr. Eric N. Andersen		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.

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2. The applicant requests that item 27 (Reentry Code) be changed to show the entry “RE-1”, that item 24 (Character of Service) be changed to show the entry “Honorable”, that item 11 (Primary Specialty) be changed to show the entry “11B20 2 years, 6 months”, “31U10 3 years, 9 months”, that item 14 (Military Education) be changed to show the entry “Primary Leadership Development Course, 4 wks 07/96 Class 7-96, Air Assault Course 3 wks 11/96, Team
Leaders Course, 1 wk 11/96, Signal Support Systems Specialist Course
18 wk 04/93, Infantryman 13 wks 10/91, and that item 15b (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or
Discharge from Active Duty) with a separation dated of 24 May 2000 be
changed to “Yes”.

3. The applicant states that items 27, 24, 11, 14, and 15b of his DD Form 214
are incorrect. He also requests these items be corrected based on the documentation provided. In support of his application he submits a personal statement, a copy of his DD Form 214, several character references, and
copies of documents from his Official Military Personnel File (OMPF).

4. The applicant’s military records show he initially enlisted in the Oregon
Army National Guard (ORARNG) on 28 May 1991 as a light weapons infantryman (11B). He continued to serve until he was honorably discharged
on 30 November 1992 in order to reenlist.

5. He reenlisted in the Regular Army on 1 December 1992 for a period of
4 years as a signal support systems specialist (31U). He continued to serve until he was honorably discharged on 31 March 1996 in order to reenlist. He reenlisted on 1 April 1996.

6. He was promoted to the pay grade of SGT/E5 on 1 March 1997, and was awarded the PMOS of 11B20.

7. Charges were preferred against the applicant on 10 December 1999, for being AWOL from 5 June 1998 to 8 December 1999 (548 days).

8. On 16 December 1999, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10. In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Veterans Administration (VA) if a discharge under other than honorable conditions were issued. He also elected not to submit a statement in his own behalf.



9. On 3 May 2000, the separation authority approved the applicant’s request
for discharge, directed that he be furnished an Under Other Than Honorable Conditions Discharge Certificate, and reduced the applicant to the pay grade
of E-1. The applicant was discharged on 24 May 1982. He had a total of
6 years, 2 months, and 9 days of creditable service and 548 days of lost time
due to AWOL. He was issued an RE code of “3”.

10. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 29 September 2000. The ADRB determined that
his discharge was proper and equitable and denied his request on 12 January 2001.

11. The applicant provided a copy of a course completion certificate from the US Army Signal Center and Fort Gordon which shows that he completed the Signal Support Systems Specialist Course (31U) on 20 April 1993.

12. Alpha Detachment, 516th Personnel Services Battalion Orders 063-185, dated 4 April 1996, shows the applicant was award the primary military occupational specialty (PMOS) of “11B10”, the secondary military occupational specialty (SMOS) of “31U10”, and had withdrawn the PMOS of” 31U10” and SMOS of “11B10” effective 4 April 1996.

13. The applicant completed the Light Weapons Infantryman Course in 1990, the Signal Support Systems Specialist Course in 1993, the Primary Leadership Development Course, the Air Assault Course, and the Team Leaders Course in 1996, as evidenced by his records, certificates of completion, and orders he provided with his application.

14. Item 15b (High School Graduate or Equivalent) of his DD Form 214 shows an “X” in the “No” block. Item 7 (Civilian Education and Military School) of his DA Form 2-1 (Personnel Qualification Record) shows the entry “Eugene H. S.
(Eugene High School) GENERAL 4 YRS yes 90.”

15. The applicant provided a copy of his high school diploma which shows that he completed high school on 11 June 1990.

16. The applicant provided two character references from his in-laws which describes his character and supports his request for a discharge upgrade to honorable in order to reenlist.






17. Army Regulation 635-200 sets forth the basic authority for 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 under other than honorable conditions is normally considered appropriate.

18. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list
of Armed Forces RE codes, including RA RE codes.

19. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial
punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

20. RE-1 applies to persons completing their term of service who are considered qualified to reenter the US Army

21. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states
that the PMOS, AMOS, and areas of concentration (AOC) served in for a period of one year or more, during the soldier’s continuous active duty will be entered in item 11 (Primary Specialty). For item 15b (High School Graduate or Equivalent) indicate “yes” or “no” in the appropriate box.

CONCLUSIONS:

1. The Board notes the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service,
to avoid trial by court-martial for his AWOL offense of 548 days and was issued
a character of service under other than honorable conditions which was appropriate for his second period of service.

2. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The applicant’s personal statements and character reference letters provide no compelling information to form a basis to change his character of service.
3. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case. Therefore, he is not entitled to correction of item 24 (Character of Service) of his DD Form 214 to show the entry “Honorable.”

4. The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that the RE code issued to him was
incorrect or unjust. Therefore, there is no basis to change item 27 (Reentry Code) of his DD Form 214 to show the entry “RE-1.”

5. The evidence of record shows that the applicant enlisted in the Regular
Army as a signal support systems specialist (31U), served in the ORARNG as a light weapons infantryman (11B), completed the Signal Support Specialist Course on 20 April 1993, was awarded the PMOS of “11B10”, the SMOS of “31U10”, and had withdrawn the “PMOS of 31U10” and SMOS of “11B10” on
4 April 1996. The evidence of record also shows that the applicant was reduced to the pay grade of E-1, has a cumulative total of 5 years, 6 months of total service as a “11B10” and 4 years, 2 months as a “31U10”. Therefore, he is entitled to correction of item 11 (Primary Specialty) of his DD Form 214 to show the entry “11B10 00 INFANTRYMAN 5 YRS – 6 MOS” and the entry “31U10 00 SIGNAL SUPPORT SYSTEMS SP 4 YRS – 2 MOS.”

6. The evidence of record shows that the applicant completed the Light Weapons Infantryman Course in 1990, the Signal Support Systems Specialist Course in 1993, the Primary Leadership Development Course, the Air Assault Course, and the Team Leaders Course in 1996. Therefore, he is entitled to correction of item 14 (Military Education) of his DD Form 214 to show the entry
“Light Weapons Infantryman Course, 13 weeks, October 1991”, “Signal Support Systems Specialist Course, 18 weeks, April 1993”, “Primary Leadership Course, 4 weeks, July 1996”, “Air Assault Course 3 weeks, November 1996”, and the “Team Leaders Course, 1 week, November 1996.”

7. The applicant’s DD Form 214 shows that he was not a high school graduate.
The evidence of record shows that he completed high school on 11 June 1990. Therefore, he is entitled to correction of item 15b (High School Graduate or
Equivalent) of his DD Form 214 to show that he graduated from high school.

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 for the individual concerned be corrected:

         a. by showing in item 11 (Primary Specialty) the entry “11B00 00 INFANTRYMAN 5YRS – 6 MOS”//31U00 00 SIGNAL SUPPORT SYSTEMS SP 4 YRS – 2 MOS//NOTHING FOLLOWS”;

         b. by showing in item 14 (Military Education) the entry “Light Weapons Infantryman Course, 13 weeks, October 1991”, “Signal Support Systems Specialist Course, 18 weeks, April 1993”, “Primary Leadership Course, 4 weeks, July 1996”, “Air Assault Course 3 weeks, November 1996”, and the “Team Leaders Course, 1 week, November 1996”;

         c. by placing an “X” in the Yes block of item 15b (High School Graduate or Equivalent);

d. by showing the entry “CONTINOUS HONORABLE ACTIVE SERVICE FROM 921201 TO 960331//IMMEDIATE REENLISTMENT THIS PERIOD 921201-960331” in item 18 (Remarks); and

e. by showing the entry “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE” in item 18 (Remarks) of his DD Form 214.

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

BOARD VOTE:

__ro___ ___to___ __ea___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor, Jr.___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057732
SUFFIX
RECON
DATE BOARDED	20010927
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	20010524
DISCHARGE AUTHORITY	AR 635-200 C, 10
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 189
2. 1021
3.
4.
5.
6.