PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003086318

         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. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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 his separation document (DD Form 214) should be corrected to show he was granted an honorable discharge for his first enlistment.

3. The applicant states, in effect, that he received an honorable discharge for his first tour of duty. He states that he believes that his DD Form 214 does not show this honorable discharge and as a result, it has caused him to be without his rightful benefits as a veteran.

4. The applicant’s military records show that he initially enlisted in the Regular Army for three years and entered active duty on 6 June 1984. He was trained and served in military occupational specialty (MOS) 75B (Unit Clerk) with a additional skill identifier of P (Parachutist), which he received upon successful completion of the basic airborne course.

5. The applicant’s Personnel Qualification Record (DA Form 2-1) confirms that he was promoted to the rank of specialist (SPC) on 1 January 1987, and this was the highest grade he held while serving on active duty. The record also shows that he earned the Army Service Ribbon, Army Good Conduct Medal (1^st Award), Army Achievement Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar. There are no other acts of valor, significant achievement, or service warranting special recognition on file in the applicant’s record.

6. On 23 March 1987, the applicant was honorably discharged for the purpose of immediate reenlistment after completing 2 years, 9 months, and 18 days of his initial three year enlistment. On 24 March 1987, he reenlisted for 4 years and began his last enlistment. There is no indication that the applicant was issued a DD Form 214 for this period of service.

7. On 7 September 1988, the applicant was convicted by a general court-martial (GCM) of the wrongful distribution of marijuana and cocaine. The resultant sentence included a reduction to private/E-1, forfeiture of $300.00 of pay per month for 10 months, confinement for 10 months, and a bad conduct discharge (BCD).

8. On 8 November 1989, subsequent to the affirmation of his sentence through the appellate process, and the completion of confinement, the applicant received a BCD. Item 12 (Record of Service) of the DD Form 214 issued to him on this date indicates that he completed 2 years and 8 days on his current enlistment, and 2 years, 9 months, and 18 days of prior active service. Item 18 (Remarks) contains the entry “immediate reenlistment this period: 840606-870323”, which indicates that he completed an honorable period of service from 6 June 1984 through 23 March 1987.

9. Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states that a DD Form 214 will be issued to active Army soldiers on termination of active duty by reason of administrative separation, physical disability separation, or punitive discharge under the Uniform Code of Military Justice (UCMJ).

10. Paragraph 2-4 of Army Regulation 635-5 contains guidance on preparation of the DD Form 214. The instructions for completion of Item 12 (Record of Service) states, in pertinent part, that the date entered in Item 12a (Date Entered Active Duty (AD) This Period) will be the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. The instructions for Item 12b (Separation Date this Period) will be the individual’s transition or separation date. The instructions for
Item 12c (Net Active Service this Period) state that this date will be arrived at by subtracting Item 12a from 12b. Lost time and non-creditable time after the normal expiration of term of service are deducted from this total. The time entered in Item 12d (Total Prior Active Service) will be the total prior active service taken from previously issued DD Forms 214.

11. The instructions contained in the regulation for the preparation of
Item 18 (Remarks) states, in pertinent part, that for enlisted soldiers with
more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates). It also stipulates that for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment).

CONCLUSIONS:

1. The Board notes the applicant’s contention that his 8 November 1989 DD Form 214 does not accurately reflect that he received an honorable discharge from his period of active duty service, and it finds this claim has merit.

2. By regulation, Item 18 (Remarks) of the DD Form 214 will contain the entry "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment)” in Item 18 (Remarks), for enlisted soldiers with more than one enlistment period during the time covered by this DD Form 214 who were separated with any characterization of service except honorable.
3. The evidence of record confirms that the applicant initially entered active duty on 6 June 1984 and served honorably until being discharged for immediate reenlistment on 23 March 1987, and that he reenlisted and began the enlistment under review on 24 March 1987. Therefore, the Board finds that the applicant’s separation document should be corrected in accordance with the applicable regulation.

4. 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 to read as follows:

a. Item 12a (Date Entered AD This Period) – “84 06 06” vice the current entry of 87 03 24;

b. Item 12c (Net Active Service This Period) – “4 years, 9 months, and
26 days” vice the current entry of 2 years, 0 months, and 8 days;

c. Item 12d (Total Prior Active Service) “0 years, 0 months, and 0 days” vice the current entry of 2 years, 9 months, and 18 days; and

d. Item 18 (Remarks) –add the entry "Continuous Honorable Active Service From 840606-870323.”

2. That the individual concerned be issued a corrected separation document that reflects the changes outlined in paragraph 1.

BOARD VOTE:

__LS__ _RJW___ __CLG___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Luther L. Santiful
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086318
SUFFIX
RECON
DATE BOARDED	2003/07/DD
TYPE OF DISCHARGE	BCD
DATE OF DISCHARGE	1989/11/08
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	BCD
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.