IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002079497


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Margaret V. Thompson		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 the following items of his separation document (DD Form 214) be corrected: Items 4a (Grade, Rate, Or Rank);
4b (Pay Grade); 6 (Reserve Obligation Termination Date); 11 (Primary Specialty); 12b (Separation Date This Period); 12h (Effective Date of Pay Grade);
13 (Decorations); 14 (Military Education); 15b (High School Graduate or Equivalent); and 18 (Remarks).

3. The applicant states, in effect, that the items in question, and specifically his rank and the excess leave information contained in his separation document are incorrect.

4. The applicant’s military records show that on 23 April 1989, he entered active duty in the Regular Army. He successfully completed training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist). The highest rank he attained while serving on active duty was private first class (PFC).

5. The applicant’s Personnel Qualification Records (DA Form 2-1) shows in
Item 9 (Awards, Decorations, & Campaigns) that he earned the following awards during his active duty tenure: Army Service Ribbon; Parachute Badge; National Defense Service Medal (1^st Award); Expert Marksmanship Qualification Badge (Rifle and Hand Grenade). Item 17 (Civilian Education and Military Schools) confirms that in 1987, he completed 3 years of high school at Williamstown High School; and in 1989, he completed both the Basic Airborne Course and Advanced Individual Training for MOS 94B (Food Service Specialist).

6. While assigned to Fort Bragg, North Carolina, the applicant departed from his unit absent without leave (AWOL) on 7 May 1991. He remained AWOL until returning to military control at the Personnel Control Facility, Fort Dix,
New Jersey on 6 June 1991. On 10 June 1991, he again departed AWOL, and he remained away until returning to military control on 18 June 1991.

7. 0n 25 June 1991, the applicant was charged with a violation of Article 86 of the Uniform Code of Military Justice (UCMJ), for the following two periods of AWOL: from on or about 7 May 1991 to on or about 7 June 1991; and from on or about 10 June 1991 to on or about 18 June 1991. He consulted with legal counsel, and after being advised of the basis for the contemplated trial by
court-martial, its effects, and the possible effects of receiving an UOTHC discharge, he voluntarily requested an administrative discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial.

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8. The appropriate authority approved the applicant’s request for discharge. He also directed that the applicant receive an UOTHC discharge, and that he be reduced to the lowest enlisted grade. On 30 September 1991, the applicant was discharged accordingly after completing a total of 2 years, 4 months, and 7 days of creditable active military service, and having accrued 39 days of lost time due to AWOL.

9. The applicant’ Military Personnel Records Jacket (MPRJ) contains a Request and Authority for Leave (DA Form 31), dated 25 June 1991. This document confirms that the applicant requested to be placed on excess leave and to be discharged in absentia. The MPRJ also contained a copy of Orders 259-89, dated 16 September 1991, issued by US Army Training Center and Fort Dix,
Fort Dix, New Jersey, that reduced the applicant to private/E-1 in accordance with Army Regulation 600-200, paragraph 6-11.

10. Army Regulation 600-200, in effect at the time, prescribed the policy and procedures for career management of Army enlisted personnel. Paragraph 6-11 provided, in pertinent part, that when the separation authority directed a soldier receive an UOTHC discharge, the soldier would automatically reduced to the lowest enlisted grade.

11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment under the UCMJ includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service, in lieu of trial by court-martial. A discharge UOTHC is normally considered appropriate for members separating under these provisions.

12. 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.

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13. Paragraph 2-4 contains item by item instructions for completing the DD Form 214. It provides the following specific instructions for the items in question: Item 4 (a & b), enter the active grade or rank and pay grade at the time of separation; Item 6 (Reserve Obligation Termination Date), enter “00 00 00” for soldiers discharged, dismissed, or dropped from the Army rolls or with and expired military service obligation; Item 11 (Primary Specialty), enter MOS codes, titles, years and months awarded during the period of service; Item 12b (Separation Date This Period), enter the soldier’s transition date; Item 12h (Effective Date of Pay Grade), enter the the effective date of the promotion to the current pay grade; Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), enter all awards and decorations for all periods of service; Item 14 (Military Education), enter training courses (medical, dental, electronics, supply, administration, personnel, or heavy equipment operations) completed during the period of service; Item 15b (High School Graduate or Equivalent), mark the “Yes” box if the soldier is considered a high school graduate; Item 18 (Remarks), enter the number of days and period of time for soldiers in an excess leave status.

CONCLUSIONS:

1. The Board notes the applicant’s contention that there are incorrect entries in the items in question on his DD Form 214. However, it finds only partial merit in this claim.

2. The evidence of record contains sufficient evidence to support correcting the entry in Item 11 (Primary Specialty) and Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized). The record confirms that the applicant was awarded and served in MOS 94B until his separation
on 30 September 1991. In addition, the record shows that in addition to those awards already listed in his DD Form 214, during his active duty tenure, he also earned the Parachute Badge, National Defense Service Medal (1^st Award), and Expert Marksmanship Qualification Badge (Rifle & Hand Grenade). Thus, the Board concludes that would be appropriate to correct Item 11 and Item 13 of his DD Form 214 accordingly.

3. However, with the exception of the two items of the DD Form 214 identified in the preceding paragraph, the Board finds no further errors in the entries in the items in question. The evidence of record confirms that the applicant was reduced to the lowest enlisted grade on 29 August 1991, as a result of being discharged UOTHC, as is required by regulation. Therefore, the Board finds no error in the rank and pay grade listed in Item 4 (a& b) or in the date of rank entered in Item 12h of his separation document.

4. In addition, the applicant’s record confirms that he had only completed 3 years of high school at the time of his enlistment, and there is no evidence to show that he completed or obtained a high school equivalent diploma subsequent to entering active duty. The record also indicates that he completed no training courses that would have qualified to be entered in his separation document. Finally, the record confirms that he requested and was placed in an excess leave status on 25 June 1991, and that he was ultimately discharged on 30 September 1991, with no remaining Reserve obligation. Thus, the Board finds no error related to the entries contained in Items 6 (Reserve Obligation Termination Date), 14 (Military Education), 15b (High School Graduate or Equivalent), or
18 (Remarks) of his DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the 30 September 1991 DD Form 214 of the individual concerned by changing the entry in Item 11 (Primary Specialty) to read “94B10 FOOD SERVICE SPECIALIST, 2 YEARS AND 1 MONTH”; by adding the Parachute Badge, National Defense Service Medal (1^st Award), and Expert Marksmanship Qualification Badge (Rifle & Hand Grenade) to Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized); and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__JLP__ __ AAO _ __ MKP __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Jennifer L. Prater _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079497
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/03/18
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
ISSUES 1.	100.0000
2.
3.
4.
5.
6.