PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2001064784


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 18 July 1996, to show he was discharged in an entry level status with uncharacterized service. He also requests correction of his DD Form 214, with a separation date of 26 May 1999, to show the correct prior active service in item 12d (Total Prior Active Service); correction of item 28 (Narrative Reason for Separation) to show "entry level status" or "uncharacterized"; and correction of item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show all the awards to which he is entitled.

3. The applicant states that his prior DD Form 214 from the Regular Army shows the proper service time and awards. He contends that he was in an entry level status and should not have been discharged under honorable conditions for misconduct. In support of his application, he submits a copy of his DD Form 214, with a separation date of 18 July 1996.

4. The applicant’s military records show that he served in the U.S. Army Reserve (USAR) from 10 July 1995 through 26 March 1996. He enlisted in the Regular Army on 27 March 1996 and was discharged on 18 July 1996. He enlisted in the Army National Guard on 24 November 1998 and was released from active duty and discharged from the Reserve of the Army on 26 May 1999.

5. The applicant's service personnel records contain three DD Forms 214.

6. Records show the applicant enlisted in the USAR on 10 July 1995 for a period of eight years. His DD Form 214, with a separation date of 13 February 1996, shows he served on active duty for training from 15 September 1995 through 13 February 1996. Item 12c (Net Active Service This Period) shows he completed 04 months and 29 days of active duty training this period. He was transferred back to the USAR on 14 February 1996 and served in this component until 26 March 1996.

7. The applicant enlisted in the Regular Army on 27 March 1996 for a period of three years. Item 12c on his DD Form 214, with a separation date of 18 July 1996, shows he completed 03 months and 22 days of total active service this period. His DD Form 214 also shows that he completed 04 months and 29 days total prior active service in item 12d (Total Prior Active Service) and that he completed 01 month and 13 days total prior inactive service in item 12e (Total Prior Inactive Service).

8. The applicant's DD Form 214, with a separation date of 18 July 1996 shows he was discharged under the provisions of Army Regulation 635-200,
chapter 14-12c, for misconduct. Item 24 (Character of Service) shows his service was characterized as "under honorable conditions (general)."

9. The applicant enlisted in the Army National Guard on 24 November 1998 for a period of seven years. His DD Form 214, with a separation date of 26 May 1999, shows he served on active duty for training from 29 April 1999 through 26 May 1999. Item 12c on this DD Form 214 shows he completed 28 days of active service during this period. His DD Form 214 also shows that he completed 3 months and 22 days total prior active service in item 12d and that he completed 5 months and 5 days total prior inactive service in item 12e.

10. The applicant's DD Form 214, with a separation date of 26 May 1999, shows he was discharged from active duty on 26 May 1999 under the provisions of Army Regulation 635-200, chapter 11. Item 28 on this DD Form 214 shows the narrative reason for separation as "ENTRY LEVEL PERFORMANCE AND CONDUCT".

11. Item 26 (Separation Code) of the applicant's DD Form 214, with a separation date of 26 May 1999, shows "JGA." Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code "JGA" is "Entry level status performance and conduct" and the regulatory authority is Army Regulation 635-200, chapter 11.

12. The applicant applied to the Army Discharge Review Board (ADRB) on 16 January 2002, to change his discharge. The ADRB determined that the applicant's discharge was proper and equitable and voted to deny his request.

13. The applicant's DD Form 214, with a separation date of 26 May 1999, shows the entry "NONE//NOTHING FOLLOWS" in item 13.

14. The applicant's DD Form 214, with a separation date of 13 February 1996, shows entitlement to the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar in item 13. His DD Form 214, with a separation date of 18 July 1996, shows entitlement to the same awards.

15. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the record of service will be entered in item 12 of the DD Form 214.

16. Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states, in pertinent part, that
separation under this chapter applies to soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and/or creditable continuous active duty or inactive duty training, and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

17. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the soldier’s overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

18. Army Regulation 635-5 (Separation Documents) provides instructions
for the preparation of the DD Form 214. It states, in pertinent part, that
item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

CONCLUSIONS:

1. The Board considered the applicant's request for correction of his
DD Form 214, with a separation date of 18 July 1996, to show he was discharged in an entry level status with uncharacterized service. However, evidence of record shows the applicant was not in an entry level status at the time of his separation from active duty on 18 July 1996 because he had served over 180 days of continuous active military service. Therefore, there is no basis for correcting his DD Form 214, with a separation date of 18 July 1996, to show he was in an entry level status.

2. Records show the applicant served on active duty for training from 15 September 1995 through 13 February 1996 (a total of 04 months and 29 days) and was issued a DD Form 214 to cover this period.

3. Evidence of record shows that the applicant served on active duty from 27 March 1996 through 18 July 1996 (a total of 03 months and 22 days) and was issued a DD Form 214 to cover this period.

4. His DD Form 214, with a separation date of 18 July 1996, correctly shows he completed 03 months and 22 days of active duty service and completed 04 months and 29 days of total prior active service (a total of 08 months and 21 days active duty service). This discharge document also shows he completed 01 month and 13 days of total prior inactive service.

5. Evidence of record shows the applicant also served on active duty for training from 29 April 1999 through 26 May 1999 and was issued a DD Form 214 to cover this period.

6. Based on the calculations in paragraph 4, above, the applicant is entitled to correction of item 12d of his DD Form 214, with a separation date of 26 May 1999, to show he completed 08 months and 21 days total prior active service.

7. The applicant's DD Form 214, with a separation date of 26 May 1999, shows he completed 05 months and 05 days of total prior inactive service in item 12e. However, through an administrative error, his total prior inactive service was not properly reflected in item 12e. Therefore, it would be appropriate to correct item 12e of his DD Form 214, with a separation date of 26 May 1999, to show he completed 06 months and 18 days of total prior inactive service.

8. The Board considered the applicant's request for correction of item 28 of his DD Form 214, with a separation date of 26 May 1999, to show "entry level status" or "uncharacterized." However, the applicant's separation under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct, was administratively correct and in conformance with applicable regulations at the time of his separation from active duty.

9. The narrative reason for separation used in the applicant's case is correct and was applied in accordance with the applicable regulations.

10. The applicant has failed to show through the evidence submitted for the evidence of record that the narrative reason for separation issued to him was in error or unjust. Therefore, there is no basis for correcting the narrative reason.

11. The Board also considered the applicant's request for correction of his DD Form 214, with a separation date of 26 May 1999, to show all the awards to which he is entitled. Records show the applicant was awarded the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar during his previous periods of service. In accordance with Army Regulation 635-5, the applicant is entitled to correction of his last DD Form 214 to list awards and decorations for all periods of service.

12. Based on paragraph 11, above, the applicant is entitled to correction of item 13 on his DD Form 214, with a separation date of 26 May 1999, to show the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

13. 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:

a. by amending item 12d of the DD Form 214, with a separation date of 26 May 1999, of the individual concerned to show the entry "00 08 21";

b. by amending item 12e of the DD Form 214, with a separation date of 26 May 1999, to show the entry "00 06 18"; and

c. by amending item 13 on his DD Form 214, with a separation date of 26 May 1999, to show he was awarded the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

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

BOARD VOTE:

JNS____ TL______ EJA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064784
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020625
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.0000
2.	107.0000
3.	144.0000
4.
5.
6.