RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060012016 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Chester Damian

Member

Ms. Ernestine Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his dates of service in Afghanistan in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 August 2006 be corrected to show he served in Afghanistan from 15 February 2005 to 15 July 2005; that the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” in item 18 on this DD Form 214 be corrected to show the entry, “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE”; and that item 28 (Narrative Reason for Separation) on this DD Form 214 be changed. 

2.  The applicant states, in effect, that his DD Form 214 was hastily prepared and without an opportunity to verify all information.  He contends that he was not given the minimum length of treatment (90 days) for rehabilitation according to the contract signed by his chain of command.  He also states that he did not fail the program and the derogatory statement in item 28 on his DD Form 214 for the period ending 4 August 2006 should be removed.

3.  The applicant provides a DD Form 214 for the period ending 4 August 2006; discharge orders, dated 2 August 2006; a U.S. Navy DD Form 214 for the period ending 30 October 2003; an Honorable Discharge Certificate from the U.S. Navy, dated 30 October 1994; a Certificate of Reenlistment, dated 31 October 1994, for the U.S. Navy; a rehabilitation contract, dated 5 June 2006; and a DD Form 214 for the period ending 21 August 2005.    

CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty in support of Operation Enduring Freedom.   

2.  The applicant served in the U.S. Navy from 2 November 1989 to 30 October 2003.  After a break in service, he enlisted in the Army National Guard on 
5 March 2004.  He was ordered to active duty on 2 January 2005 in support of Operation Enduring Freedom.  He served as a food service specialist in Afghanistan and was released from active duty on 21 August 2005.  

3.  Item 18 on the applicant’s DD Form 214 for the period ending 21 August 2005 shows he served in Afghanistan from 15 February 2005 to 15 July 2005.  

4.  The applicant enlisted in the Regular Army on 22 August 2005 for a period of 3 years.  

5.  On 23 May 2006, nonjudicial punishment was imposed against the applicant for being absent without leave (AWOL) from 26 April 2006 to 27 April 2006 and using cocaine between on or about 26 April 2006 and on or about 4 May 2006.  His punishment consisted of a reduction to E-1, a forfeiture of pay (partially suspended), extra duty, and restriction.

6.  On 5 June 2006, the applicant was referred to the Army Substance Abuse Program.

7.  On 24 July 2006, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct (commission of a serious offense).  On 25 July 2006, the applicant waived his rights. 

8.  On 28 July 2006, in accordance with his plea, the applicant was convicted by a summary court-martial of using cocaine between on or about 15 May 2006 and 21 May 2006.  He was sentenced to be restricted to the limits of the company area, dining/medical facility, place of worship, and Alcohol Substance Abuse Program weekly Alcoholics Anonymous meetings for 45 day, and extra duty for 45 days.  On 28 July 2006, the convening authority approved the sentence.   

9.  On 31 July 2006, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
 
10.  On 4 August 2006, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse).  He had completed a total of 15 years, 7 months, and 2 days of creditable active service.  It is noted that item 12f (Date Entered AD [Active Duty] this Period) on his DD Form 214 for the period ending 4 August 2006 is incorrect.     

11.  Item 18 on the applicant’s DD Form 214 for the period ending 4 August 2006 shows he served in Afghanistan from 31 July 2003 to 1 April 2004.  Item 18 also shows the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.”  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2)." Item 26 (Separation Code) on his DD Form 214 shows the entry, "JKK."  Item 28 on his DD Form 214 shows the entry, "MISCONDUCT (DRUG ABUSE)." 

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.  Chapter 14, in effect at the time, established policy and prescribes procedures for separating members for misconduct.  Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, and abuse of illegal drugs.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.  However, the separation authority may direct a general discharge if such is merited by the member's overall record.

13.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the mandatory entry:  “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” will be entered in item 18 on the DD Form 214.  The regulation states that 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.

14.  Army Regulation 635-5 also states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

15.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation states the reason for discharge based on separation code “JKK” is “Misconduct (Drug Abuse)” and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 21 August 2005 properly shows his service in Afghanistan in item 18.  Although the dates of service in Afghanistan appear to be incorrect on his DD Form 214 for the period ending 
4 August 2006, in accordance with the governing regulation, his dates of deployment in Afghanistan should not be shown on this DD Form 214 since he enlisted in the Regular Army on 22 August 2005.  Therefore, there is no basis for granting the applicant’s request to correct his dates of service in Afghanistan on his DD Form 214 for the period ending 4 August 2006, and he does not request that the incorrect entry be removed.       

2.  Based on the applicant’s service in the U.S. Navy from 2 November 1989 to 30 October 2003, it is reasonable to presume that he completed his initial contracted period of service.  Therefore, in accordance with the governing regulation, the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” on the applicant’s DD Form 214 for the period ending 4 August 2006 should be corrected to show “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE.”

3.  Although the applicant contends that he was not given the minimum length of treatment (90 days) for rehabilitation and that he did not fail the program, evidence of record shows he was referred to the Army Substance Abuse Program on 5 June 2006.  However, he was not separated due to drug abuse rehabilitation failure.  He was separated for misconduct (drug abuse).

4.  The narrative reason for separation used in the applicant’s case is correct and was applied in accordance with the applicable regulations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

KW____  __CD____  __EF____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” in item 18 on this DD Form 214; and 

	b.  adding the entry, “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” in item 18 on this DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending items 18 and 28 on his DD Form 214 for the period ending 4 August 2006.  



___Kenneth Wright_____
          CHAIRPERSON




INDEX

CASE ID
AR20060012016
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
110.0200
3.

4.

5.

6.