PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002080950


         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. Fred N. Eichorn		Chairperson
Ms. Lana E. McGlynn		Member
Mr. Larry C. Bergquist		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 administrative corrections be made to his separation document (DD Form 214), dated 16 March 1985.

3. The applicant states, in effect, that the information contained in
Item 11 (Primary Specialty Number Title and Years and Months in Specialty), Item 12a (Date Entered Active Duty This Period), Item 12i (Reserve Oblig Term Date), Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and Item 14 (Military Education) are incorrect. In support of his application, he provides a copy of an Army Achievement Medal (AAM) Certificate.

4. The applicant’s military records show that on 23 February 1981, he initially enlisted in the United States Army Reserve (USAR) for 6 years and entered the Delayed Entry Program (DEP). On 17 March 1981, he was released from the DEP and entered the Regular Army and active duty for 4 years.

5. The applicant’s Personnel Qualification Record (DA Form 2-1) confirms that he completed training in and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle and Power Generator Mechanic) on 2 October 1981. It also indicates that during his active duty tenure, he earned the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and the Army Service Ribbon.

6. The record shows that the applicant was originally separated with a general, under honorable conditions discharge (GD) on 11 August 1983. The separation document (DD Form 214) issued to him on the date of his discharge shows that he was separated under the provisions of chapter 9, Army Regulation 635-200, by reason of drug rehabilitation failure, and that he was accordingly assigned a separation program designator (SPD) code of JPC and a reentry (RE) code of RE-3. This document also shows that at the time of his discharge, he had completed a total of 2 years, 4 months, and 25 days of active military service. Item 9 (Command to Which Transferred) contains the entry “NA”, which indicates he was discharged and not transferred to the United States Army Reserve (USAR) to complete a service obligation.

7. On 21 May 1986, the Board determined that the positive urinalysis on which the applicant’s discharge was based was either legally or scientifically unsupportable and could not rightfully serve as the basis for adverse action. As a result, it found his 11 August 1983 GD was improper, and accordingly directed the following actions be taken: void the 11 August 1983 GD; show he continued to serve on active duty until 16 March 1985; return to him all benefits and property lost as a result of his GD; and delete all references to the 1 April 1983 bar to reenlistment and to the urinalysis specimens he submitted on 3 March and 21 April 1983 from his military personnel and medical records.

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8. As a result of the Board action, a new separation document was published by the Army Reserve Personnel Command (ARPERSCOM). The new DD Form 214 shows that on 16 March 1985, the applicant was honorably discharged under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS. It also shows that the applicant completed a total of 4 years, 0 months, and
0 days of active military service, and that based on the new authority and reason for his discharge, he was assigned an SPD code of JBK and a RE code of RE-1.

9. The new DD Form 214 contains the entry “91 03 17” in Item 12a (Date Entered Active Duty This Period), which indicates that the applicant began this period of service on 17 March 1991. Item 12i ( Reserve Oblig Term Date) contains the entry “00 00 00 “, which indicates that the applicant had no Reserve obligation at the time he left active duty.

10. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of the new separation document shows that the applicant served in MOS 63B for 1 year and 10 months. Item 14 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) includes only the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars and the Army Service Ribbon as awards earned by the applicant during his active duty tenure.

11. The applicant provides a copy of an award certificate, dated 12 May 1983, which shows that he was awarded the AAM for exceptionally meritorious service for the period 7 October 1981 through 23 January 1983, while he was serving as a mechanic in the motor pool of the 333^rd Signal Company, Fort Gordon, Georgia.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the new DD Form 214 he was issued as a result of this Board’s 1986 recommendation contains administrative errors, and it finds this claim has merit.

2. The evidence of record clearly shows that administrative errors resulted in incorrect entries in Items 11 and 12a of the new DD Form 214 issued to the applicant as a result of this Board’s 1986 recommendations. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) should indicate that he served in MOS 62B for 3 years and 6 months, which covers the period from
2 October 1981, the date he was awarded the MOS, through 16 March 1985, the effective date of his honorable discharge.

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3. Item 12a (Date Entered Active Duty This Period) of the new DD Form 214 obviously contains an error in the year listed “91”, and it should clearly contain the entry “81 03 17”, the date the applicant entered active duty. The Board also finds the AAM certificate provided by the applicant is sufficiently credible to warrant adding this award to Item 14 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document.

4. However, Item 9 (Command to Which Transferred) contains the entry “NA”, which verifies the applicant was not transferred to the USAR at the completion of his active duty service. Thus, since he incurred no Reserve service obligation, the Board finds no error or injustice related to the entry “00 00 00” contained in Item 12i (Reserve Oblig Term Date).

5. The applicant is advised that if he still wishes to reenter the Army, he may present the correction to his separation document provided as a result of the recommendations made by this Board, along with a copy of this decisional document, which will confirm the validity of the corrections made and his current reenlistment eligibility status, to recruiting officials at his local recruiting station. They can then determine if he is eligible to reenter the Army under current enlistment criteria and standards.

6. 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 DD Form 214 of the individual concerned by:

a. changing the entry in Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) to read “03 Years and 06 Months”;

b. changing the entry in Item 12a (Date Entered AD This Period) to read “81 03 17”;

c. adding the Army Achievement Medal to the list of awards contained in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized); and

d. providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__lb ____ __lem___ __fe ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080950
SUFFIX
RECON
DATE BOARDED	2003/05/06
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1991/03/17
DISCHARGE AUTHORITY	AR 635-200 C4
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.