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ARMY | BCMR | CY2002 | 2002070199C070402
Original file (2002070199C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002070199


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Elzey J. Arledge, Jr. 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.


2. The applicant requests, in effect, that his separation document (DD Form 214), dated 19 September 1975, be corrected by adding the entry “Honorable” to Item 9e (Character of Service).

3. The applicant states, in effect, that the characterization of service was left blank in the DD Form 214 issued to him upon his completion of active duty on
19 September 1975. He claims that he is an employee of the State of Mississippi and this period of service can be added to his retirement time if the correction is made.

4. The applicant’s military records show that he served on active duty for
4 months and 12 days between 8 May 1975 and 19 September 1975. At that time, he was released from active duty (REFRAD) upon the successful completion of his active duty for training (ADT), and transferred back to the Mississippi Army National Guard.

5. The DD Form 214 issued to the applicant upon the completion of his active duty on 19 September 1975, confirms that he was REFRAD upon the completion of his ADT; however, Item 9e (Character of Service) of this document is blank.

6. The applicant’s record includes a Report of Separation and Record of Service (NGB Form 22) that was issued to him for his entire period of National Guard service from 24 December 1974 through 30 April 1995, which included the period of ADT covered in the DD Form 214 in question. This document confirms that the applicant was transferred to the Retired Reserve and that the character of his National Guard service for the entire period was honorable.

7. Army Regulation 635-5, in effect at the time, prescribed the separation documents that were furnished individuals who were retired, discharged, or released from active military service, including members of the Reserve Component (RC) on active duty for training. Chapter 2 provided item by item entry instructions for the DD Form 214 and it stated, in pertinent part, that an entry was required in all items of the DD Form 214. When the information was omitted based on the guidance contained in the instructions or where no entry was appropriate, it stipulated that an “NA” entry would be made. The specific instructions stated, in pertinent part, that the authorized entries for
Item 9e (Character of Service) were as follows: Honorable; Under Honorable Conditions; Under Other Than Honorable Conditions; and Dishonorable. The regulation did not provide provisions of leaving Item 9e blank or for using the “NA” entry.


CONCLUSIONS:

1. The Board notes the applicant’s contention that the entry “Honorable” should be added to Item 9e (Character of Service) of the DD Form 214 he was issued on 19 September 1975, and it finds this claim has merit. In accordance with the regulation in effect at the time, Item 9e (Character of Service) of the DD Form 214 required an entry. There were no regulatory provisions that provided for leaving this item blank of using the “NA” entry in it.

2. The evidence of record confirms that the applicant successfully completed his ADT from 8 May through 19 September 1995. It also shows that he was REFRAD and returned to his Army National Guard unit for duty on the date of his separation from active duty. Further, the applicant’s entire period of National Guard service, which included the ADT period in question, was characterized as honorable upon his transfer to the Retired Reserve in 1995. Therefore, the Board finds that the Item 9e of the DD Form 214 in question should have contained the entry “Honorable”, and it concludes that it would appropriate correct his record to reflect this change at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the character of the service of the individual concerned for his active duty service from 8 May through 19 September 1975 was honorable; and by issuing him a corrected separation document that amends his DD Form 214, dated 19 September 1975, by adding the entry “Honorable” in Item 9e
(Character of Service).

BOARD VOTE:

__JNS__ __EJA__ __TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____John N. Slone ___
                  CHAIRPERSON



INDEX

CASE ID AR2002070199
SUFFIX
RECON
DATE BOARDED 2002/06/25
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1975/09/19
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON Completion of ADT
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.



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