Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002067468C070402
Original file (2002067468C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002067468


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Elzey J. Arledge Chairperson
Mr. Thomas B. Redfern Member
Mr. 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.


2. The applicant requests that his number of years of service on active duty, his date of birth, and the wording of his reason for separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3. The applicant states, in effect, that his discharge document is wrong because of the nature and manner of his discharge and the fact that he was on excess leave at the time the form was completed.

4. The applicant's file contains a complete copy of his enlistment documents. The DD Form 4/1 shows that he enlisted in the Army Reserve on 12 November 1980. It shows his date of birth, verified by a copy of his birth certificate, as 11 March 1962, and that his place of enlistment was Little Rock, Arkansas. The DD Form 4/4 shows that he entered active duty on 20 January 1981. He had 69 days of inactive service.

5. A copy of Headquarters US Army Training Center Engineer and Fort Leonard Wood, Orders Number 119-250, shows that the applicant successfully completed training for and was awarded the military occupational specialty (MOS) 12F (engineer vehicle crewman) on 15 May 1981.

6. The applicant's record shows he was assigned to Fort Polk, Louisiana from completion of his training until his last period of AWOL. He was reassigned to Fort Sill, Oklahoma from the date of his return to military control until his discharge. There is no indication of any overseas service.

7. The applicant's DA Form 2-1 (Personnel Qualifications Record) shows that he was promoted to pay grade E-3 on 1 November 1981. He was reduced to pay grade E-2 on 7 July 1983 and to E-1 on 16 August 1983. The form shows that he qualified as a sharpshooter with the M-16 rifle and as a marksman with hand grenade. He is also shown to have qualified for and been awarded of the Army Service Ribbon.

8. The applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) twice for being absent without leave (AWOL), from 23 August 1983 through 28 August 1983 (6 days) and 1 September 1983 through 12 September 1983 (12 days).

9. On 10 January 1984, court-martial charges were preferred for a 3rd period of AWOL, 4 November 1983 through 31 December 1983 (58 days).

10. On 11 January 1984, he acknowledged his rights and, after consultation with a military lawyer, submitted an unqualified request to be discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10. He declined to submit a statement on his own behalf or to be represented by counsel.
11. It appears that the applicant was placed on excess leave as of 11 January 1984. He was extended on active duty beyond his normal date of separation (19 January 1984) pending finalization of his discharge processing.

12. The discharge authority accepted the discharge request and directed that the applicant be furnished an Under Other Than Honorable Conditions Discharge Certificate.

13. The applicant was discharged on 9 February 1984 in accordance with Army Regulation 635-200, Chapter 10, under other than honorable conditions. The applicant was on active duty for the period 20 January 1981 through 9 February 1984, 3 years and 19 days. He had 76 days lost due to AWOL for 2 years, 10 months, and 4 days net creditable service.

14. The applicant's DD Form 214 (Report of Separation or Discharge) incorrectly lists the following information at:

a. Block 5, the applicant's date of birth as 29 June 1957;

b. Block 6, the point of entry onto active duty as Houston, TX;

c. Block 11, the applicant's MOS as an 11B10C2, Infantryman for 7 years and 11 months;

d. Block 12a, that he entered active duty on 3 November 1975;

e. Block 12c, that he has 2 years and 7 days net service for this period;

f. Block 12e, that he has no prior inactive service;

g. Block 12f, that he had 5 months and 25 days of foreign service;

h. Block 12h, that he has an effective date of pay grade of 21 November 1977;

i. Block 18, shows excess leave of 29 days, 11 January 1984 through 9 February 1984;

j. Block 29, lists the dates of lost time during this period as "760315-760316, 761010-761017, 760505-760505, 760601-76602, 770622-770629, 770725-770726, 7708-08-771004, and 771128-831230."

15. The applicant applied to the Army Discharge Review Board and by their 7 October 1997 unanimous decision, he was denied any change of the characterization or reason for discharge.
CONCLUSIONS :

1. The narrative reason for discharge, as displayed on the applicant's DD Form 214, is correct and proper.

2. The Board finds that the applicant's discharge document is so grossly incorrect that it misrepresents the applicant's period of service. It must be voided and a corrected DD Form 214 needs to be issued.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by reissuing the individual concerned a corrected DD Form 214 reflecting the correct information as noted below:

a. Block 5, to show the applicant's date of birth as 11 March 1962;

b. Block 6, the point of entry onto active duty as Little Rock, Arkansas;

c. Block 11, to show the applicant's MOS as 12F10 (engineer vehicle crewman) for 2 years and 8 months;

d. Block 12a, that he entered active duty on 20 January 1981;

e. Block 12b, that he was separated on 9 February 1984;

f. Block 12c, that he has 2 years, 10 months, and 4 days net service for this period;

g. Block 12d, that he had no prior active service;

h. Block 12e, that he had 69 days prior inactive service;

i. Block 12f, that he had no foreign service;

j. Block 12g, that he had no sea service;

k. Block 12h, that he had an effective date of pay grade of 16 August 1983;

l. Block 13, to show the award of the Army Service Ribbon, the Sharpshooter Qualification Badge with Rifle Bar and the Marksman Qualification Badge with Hand Grenade Bar;

m. Block 25, to show the separation authority as AR 635-200, Chapter 10;

n. Block 28, to show a narrative reason for separation as for the good of the service – in lieu of trial by court-martial; and

o. Block 29, to list the dates of lost time during as 23 August 1983 through 28 August 1983, 1 September 1983 through 12 September 1983, and 4 November 1983 through 31 December 1983.

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


BOARD VOTE :

_ EJA ____ ___ TBR _ __ KAH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Elzey J. Arledge________
                  CHAIRPERSON




INDEX

CASE ID AR2002067468
SUFFIX
RECON
DATE BOARDED 20020917
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION Grant Partial
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 110.01
3.
4.
5.
6.

Similar Decisions

  • ARMY | BCMR | CY2005 | 20050017325C070206

    Original file (20050017325C070206.doc) Auto-classification: Approved

    James R. Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the entries at item 12 (Record of Service) on his 6 January 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty) be completed. The applicant states that the DD Form 214 does not reflect his period of active duty from 28 March 1980 through 11 February 1983.

  • ARMY | BCMR | CY2007 | 20070010236

    Original file (20070010236.txt) Auto-classification: Approved

    Item 9 (Command to Which Transferred), of his DD Form 214, shows the entry "NA"; item 12a (Dated Entered AD [Active Duty] This Period) shows the entry "1986 01 11" (11 January 1986); item 12c (Net Active Service This Period), shows the entry "0022 04 20" (22 years, 4 months, and 20 days); item 12e (Total Prior Inactive Service) show the entry "0000 00 15" (15 days); item 12f (Foreign Service) shows the entry "0000 00 00"; and item 12h (Effective Date of Pay Grade) shows the entry "1984 12...

  • ARMY | BCMR | CY2006 | 20060001489C070205

    Original file (20060001489C070205.doc) Auto-classification: Approved

    The evidence of record shows the applicant enlisted in the U.S. Army Reserve under the DEP on 16 May 1981 and was discharged on 8 September 1981, which is a period of 3 months and 23 days. Although there is no evidence of record which shows the applicant was issued a DD Form 214 for his period of active duty service from 9 September 1981 to 30 June 1983, he should have been issued one. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2006 | 20060009853

    Original file (20060009853.txt) Auto-classification: Denied

    The applicant's military service records contain a copy of a DD Form 214, with an effective date of 25 May 1985, that shows she was honorably REFRAD after completing 3 years of total active service. In support of her application, the applicant provides a DA Form 873 that shows, in pertinent part, she was granted a Secret security clearance on 23 May 1979; a DA Form 134 that shows she successfully completed 4 years of instruction in the Senior ROTC on 15 May 1981; 2 pages of a DA Form 2-1...

  • AF | BCMR | CY2009 | BC-2008-02542

    Original file (BC-2008-02542.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS The commander informed the applicant of his rights, to include being represented by legal counsel and presenting his case to an administrative discharge board and, on 3 December 1987, he waived his right to present his case to an administrative discharge board, contingent on his receiving no less than a general discharge. The following members of the Board considered Docket Number BC-2008-02542 in Executive Session on 11 February 2009...

  • ARMY | BCMR | CY2015 | 20150003124

    Original file (20150003124 .txt) Auto-classification: Approved

    A 23 February 1996 DD Form 214 shows active duty service (Active Guard/Reserve status) from 1 April 1984 through 23 February 1996. With a change of component (from Title 10 service to Title 32 service) on 23 February 1996 and again on 8 November 2004, the applicant was properly issued a DD Form 214. His item 12 service calculations on the 30 April 2007 DD Form 214 should be consistent with the entries from his earlier DD Form 214 as follows at – * (carried forward from 2004 DD Form 214)...

  • ARMY | BCMR | CY2008 | 20080000019

    Original file (20080000019.txt) Auto-classification: Approved

    "; e. Item 12a (Date Entered Active Duty This Period) to show “1997-04-15”; f. Item 12b (Separation Date This Period) to show “2005-04-15”; g. Item 12d (Total Prior Active Service) to show 21 mo. Therefore, there is no requirement to show this course in Item 14 of the applicant’s DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the entry "0000 10 04" to Item 12d of the applicant's DD Form 214,...

  • ARMY | BCMR | CY2013 | 20130015850

    Original file (20130015850.txt) Auto-classification: Approved

    There is no DD Form 215 in the available records. The applicant states that her basic training time is not reflected on her DD Form 214. Therefore, item 12f and item 12g of her DD Form 214 should be corrected to show the entry 00 00 00, indicating she had no foreign or sea service during the period covered by the DD Form 214.

  • ARMY | BCMR | CY2008 | 20080010636

    Original file (20080010636.txt) Auto-classification: Approved

    The applicant states, in effect, that a retired service member has never had to provide proof of military service using his DD Form 214; however, the State of Arkansas has issued veterans licenses plates – veterans of World War II, the Korean War, Vietnam, the Persian Gulf, Enduring Freedom and Iraqi Freedom at the cost of $4.75 when they are initially issued and at the cost of $1.00 to renew. Item 12f (Foreign Service), of the applicant's DD Form 214, shows he had 0000 years, 00 months,...

  • ARMY | BCMR | CY2005 | 20050007424C070206

    Original file (20050007424C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.