PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002070648


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Arthur O. Omartian		Member
Mr. Raymond J. Wagner		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 his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show his rank and grade as Specialist, E-4, to add all his training courses, and to add all of his awards and decorations.

3. The applicant states that he was never notified of his reduction to Private, E-1. Supporting evidence is as listed on the attachment to the DD Form 149 (except the document indicating he completed the Operations in an NBC (nuclear, biological, chemical) Environment course is missing).

4. The applicant’s military records show that he enlisted in the Regular Army on 30 April 1998 for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

5. The applicant provides a certificate of training to show he completed the 1-week Combat Lifesaver Training course on 18 December 1998. He was awarded the Armed Forces Expeditionary Medal (AFEM) on 18 June 1999 for service in Southwest Asia from 1 February to 18 June 1999. (The Defense Finance and Accounting Service – Indianapolis Center verified that he was paid hostile fire pay from 1 February – 30 June 1999.) He was awarded the Expert Infantryman Badge on 18 September 1999.

6. The applicant was honorably discharged on 30 April 2000 for the purpose of immediately reenlisting on 1 May 2000.

7. On 15 February 2001, charges were preferred against the applicant for being absent without leave from 31 October 2000 to on or about 12 February 2001. He requested discharge in lieu of trial by court-martial. On 25 January 2002, the appropriate authority approved his request and directed he be discharged under other than honorable conditions. On 4 February 2002, he was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. His DD Form 214 shows that he had no foreign service, that he was awarded the Army Service Ribbon and the Parachutist Badge, that he had no military education, and that he had not completed his first full term of service.

8. Army Regulation 600-8-19 prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. In pertinent part, it states that when the separation authority determines that a soldier is to be discharged from the Service under other than honorable conditions, the soldier will be reduced to the lowest enlisted grade.

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9. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed will be entered in item 18. This information is to assist the soldier in job placement and counseling; therefore, training courses for combat skills are not entered.

10. Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.

11. Army Regulation 635-5, paragraph 2-4h(18)(b) states that the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is a mandatory entry. This information assists the State in determining eligibility for unemployment compensation entitlement. Paragraph 2-4h(18)(b)1 states that, routinely, a soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. However, if a soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. Paragraph 2-4h(18)(c) states that, for enlisted soldiers with more than one enlistment period during the time covered by this DD Form 214, “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates) will be entered. However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before commencement of current enlistment) will be entered. Then, the specific periods of reenlistments as prescribed above will be entered.

CONCLUSIONS:

1. The applicant was properly reduced to Private, E-1 when his discharge under other than honorable conditions was approved.

2. The certificates of training the applicant provides show that he completed combat courses or correspondence subcourses. (One document identified as being attached as supporting evidence, the Operations in an NBC Environment course, was missing.) Since the guidance for completing item 14 of the DD From 214 states that only formal in-service courses will be listed and specifically prohibits the listing of training courses for combat skills, it appears “none” was properly entered in this item. However, it appears that the Combat Lifesaver course was a basic medical care course for nonmedical unit personnel. The Board concludes that, since it was not a strictly combat training course, it would be appropriate to add that course to his DD From 214.

3. Certificates of achievement are not authorized entries on the DD Form 214. The applicant was, however, awarded the AFEM for service in Southwest Asia and the Expert Infantryman Badge.

4. The evidence shows the applicant served in Southwest Asia but item 12f of his DD Form 214, Foreign Service, does not show that he did so. Based upon the certificate awarding him the AFEM, this item should be corrected to show that he served 4 months and 18 days of foreign service.

5. There is an error in item 18 of the applicant’s DD Form 214. In accordance with regulatory guidance, he met the criteria to have his first term of service considered as being completed in full and the period of his first term of service is not entered.

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

RECOMMENDATION:

1. That the applicant’s DD Form 214:

a. item 12f be amended to show he had 4 months and 18 days of foreign service;

b. item 13 be amended to add the Armed Forces Expeditionary Medal and the Expert Infantryman Badge; and

c. item 14 be amended to add the Combat Lifesaver Course, 1 week, December 1998.

2. That the applicant’s DD Form 214, item 18 be:

a. amended to delete the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE;” and

b. amended to add “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” and “Continuous Honorable Active Service From 30 April 1998 Until 30 April 2000, IMMEDIATE REENLISTMENT THIS PERIOD 30 April 1998 – 30 April 2000.”

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

BOARD VOTE:

__KAK__ __AOA__ __RJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070648
SUFFIX
RECON
DATE BOARDED	2002/07/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT (PARTIAL)
REVIEW AUTHORITY
ISSUES 1.	100.00
2.	110.04
3.	100.07
4.
5.
6.