PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2001065707


         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
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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, that his record be corrected to show the correct date he entered active duty and his correct separation date; and that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

3. The applicant states, in effect, that the entries shown in Item 12a (Date Entered Active Duty This Period) and Item 24 (Character of Service) of his
separation document (DD Form 214) are incorrect. He claims that Item 12a (Date Entered Active Duty This Period) should contain an entry that shows he entered active duty on 12 May 1979, and Item 24 (Character of Service) should show that he received an HD. In support of his application, he submits a copy of his DD Form 214, copies of both an HD certificate, dated 30 December 1981, and a GD certificate, dated 11 July 1983, a copy of his enlistment contract
(DD Form 4) and associated enlistment orders and documents, and a letter from the Department of Veterans Affairs (VA), Portland, Oregon.

4. The applicant’s military records show that he initially enlisted in the Regular Army for 3 years on 15 May 1979, and that he continuously served on active duty for 4 years, 1 month, and 27 days until being discharged on 11 July 1983.

5. A discharge packet containing the specific facts and circumstances surrounding the applicant’s discharge processing is not in the record. However, there is a properly constituted DD Form 214 on file that contains the authority and reason for his discharge. The applicant authenticated this DD Form 214 with his signature in Item 21 (Signature of Member Being Separated). This document confirms that he was discharged under the provisions of paragraph 7-17b(3), Army Regulation 635-200, by reason of fraudulent entry. It also shows that his service was characterized as under honorable conditions, and that he was issued a GD certificate.

6. The applicant’s DD Form 214 also shows that he held the rank and pay grade of private first class/E-3 on the date of his separation and that he was trained and served in military occupational specialty (MOS) 16P (Air Defense Artillery Short Range Missile Crewman). Item 12a (Date Entered Active Duty This Period) of this separation document contains the entry 8 March 1983 and Item 18 (Remarks) contains an entry that lists his immediate reenlistments this period. This entry shows that he served from 31 December 1981 through 7 March 1983 and 8 March 1983 through 7 March 1987.

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7. Enlistment contracts and associated orders and documents on file confirm that the applicant initially enlisted in the Regular Army and entered active duty on 15 May 1979. He was honorably discharged for the purpose of immediate reenlistment and issued an HD certificate on 30 December 1981. On
31 December 1981, while serving in the rank and pay grade of specialist/E-4 at Fort Riley, Kansas, he reenlisted for 4 years. There is no information in the applicant’s record or in the available evidence that suggests he ever reenlisted to serve for the period 8 March 1983 through 7 March 1987, as is indicated in Item 18 of his DD Form 214.

8. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statue of limitations.

9. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 1-4b(5), states in effect, that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army.

10. Chapter 2, provides item by item guidance for DD Form 214 entries. It states, in pertinent part, that the entry in Item 12a (Date Entered Active Duty this Period) will be the beginning date of the continuous period of active duty for the DD Form 214 being issued for which a DD Form 214 was not previously issued. The guidance for entries in Item 18 (Remarks) states, in pertinent part, that for enlisted soldiers with more than one enlistment during the period covered on the DD Form 214, enter “Immediate reenlistments this period.” However, for soldiers who have previously reenlisted without being issued a DD Form 214, and who are separated with any characterization except honorable, enter “Continuous Honorable Service From (first date of service for which a DD Form 214 was not issued) until (date before commencement of current enlistment).

11. Army Regulation 635-200 establishes policy and prescribes procedures for separation of enlisted personnel. Paragraph 7-17b(3), in effect at the time, states that a member who concealed his or her conviction by a civil court of a felonious offense will normally not be considered for retention and may be separated by reason of fraudulent entry.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that his discharge should be upgraded to an HD, but it finds insufficient evidence to support this claim. His record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the Board notes that there is a properly constituted DD Form 214 on file that contains the authority, reason, and characterization of the applicant’s discharge. The applicant authenticated this document with his signature on the date of his separation, and lacking evidence to the contrary, the Board is compelled to presume government regularity in the discharge process. Therefore, the Board concludes there is an insufficient evidentiary basis to upgrade his discharge at this time.

2. The Board did find merit in the applicant’s contention that his separation document contains incorrect service dates. The evidence of record confirms that he initially enlisted in the Regular Army and entered active duty on 15 May 1979, and on 30 December 1981, he was honorably discharged for the purpose of immediate reenlistment. On 31 December 1981, he reenlisted and served through 11 July 1983, at which time he was separated with a GD, by reason of fraudulent entry.

3. By regulation, the date entered in Item 12a of the DD Form 214 should be the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. Given this regulatory guidance, and based on the fact the applicant was not issued a DD Form 214 for his first enlistment, from 15 May 1979 through 30 December 1981, the Board concludes that several entries contained in Item 12 (Record of Service) of his 11 July 1983 DD Form 214 are incorrect and should be changed at this time.

4. Item 12a (Date Entered Active Duty) of the applicant’s DD Form 214 contains the date 8 March 1983; however, based on the regulatory guidance, it should read 15 May 1979, which is the first day he entered active duty. Item 12c
(Net Active Service This Period) incorrectly lists the period 0 years, 3 months, and 27 days. By regulation, it should list his entire period of active service for which a DD Form 214 was not issued, which in this case was from 15 May
1979 through 11 July 1983. Therefore, the Item 12c entry should be changed to read 4 years, 1 month, and 27 days.

5. In addition, Item 18 (Remarks) of the applicant’s DD Form 214 contains incorrect dates in the “Immediate reenlistments this period” entry. By regulation, since the applicant received a less than fully honorable discharge, the entry contained in Item 18 of his DD Form 214 should read “Continuous Honorable Service From 790515-811230.”

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the DD Form 214 issued to the individual concerned, dated 11 July 1983, be corrected by changing the following items of the document as indicated: Item 12a (Date Entered Active Duty This Period) – delete the entry “83 03 08” and replace it with the entry “79 05 15”; Item 12c (Net Active Period This Service) delete the entry “00 03 27” and replace it with the entry “04 01 27”; Item 12d (Total Prior Active Service) – delete the entry “02 07 16” and replace it with the entry “00 00 00”; Item 18 delete the entry “ Immediate reenlistments this period: 811231-830307; 830808-870307” and replace it with the entry “Continuous Honorable Service: 790515-811230”; and by providing him a corrected separation document that reflects these corrections.

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

BOARD VOTE:

__RVO__ __RWA__ __JTM_ _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002065707
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/20
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY	100.0200
ISSUES 1.
2.
3.
4.
5.
6.