RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012173 


	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

Mr. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. Samuel Crumpler

Chairperson

Mr. Robert Rogers

Member

Mr. Patrick H. McGann Jr.

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 the separation date of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 
31 January 2006 be corrected to show 9 February 2006.  He further requests that his DD Form 214 be corrected to show he completed his first full term of service. He also requests that the signature block in item 21 (Signature of Member Being Separated) and item 22 (Official Authorized to Sign) of his DD Form 214 WS (Work Sheet) be corrected.

2.  The applicant states, in effect, that his DD Form 214 incorrectly shows that he was released from active duty on 31 January 2006.  He states that his DD Form 
137-1 (Unit Clearance Record) shows he separated from active duty on
9 February 2006.   He further states that a change of his separation date takes him past his expiration of term of service (ETS) date which qualifies him for completion of his term of service.  The applicant concludes that item 21 and item 22 of his DD Form 214 WS were left blank.

3.  The applicant provides his DD Form 214 WS; a DA Form 137-1, date stamped 9 February 2006; and a DA Form 137-2 (Installation Clearance Record), date stamped 9 February 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was deployed to Iraq in support of Operation Iraqi Freedom.

2.  The applicant enlisted in the Regular Army on 5 February 2003 for a three year term of service.  He successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 12B (Combat Engineer). 

3.  On 16 March 2005, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL), for failing to be at his appointed place of duty, and for failing to obey a lawful order.

4.  On 2 September 2005, the applicant accepted NJP under Article 15, UCMJ for wrongfully being in the room of a member of the opposite sex and disobeying a lawful order while deployed.



5.  On 27 October 2005, the applicant’s commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200, chapter 14 for patterns of misconduct.  The reasons cited by the commander were the Articles 15 received by the applicant.

6.  On 27 October 2005, the applicant was advised by consulting counsel of the basis for the contemplated separation action.  The applicant indicated that he was counseled by appropriate counsel and that since he had less than six years of service he was not entitled to a hearing before an administrative board.  The applicant also indicated that he would provide a statement on his own behalf.

7.  The applicant stated that he wanted to continue in the military until his ETS in February 2006.  He further stated that his past misconduct in the military was completely inappropriate for a Soldier in the U.S. Army.  He stated that he learned from his mistakes and wished to finish his scheduled enlistment with honor.  

8.  On 20 November 2005, the appropriate authority approved the elimination packet and directed the applicant receive a general under honorable conditions discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  Item 12b (Separation Date this Period) of the applicant's DD Form 214 shows 31 January 2006.  Item 12c (Net Active Service this Period) shows 
2 years, 11 months, and 26 days.  Item 18 (Remarks) shows the entry "//MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS."   

9.  The applicant provided a DA Form 137-1, date stamped 9 February 2006.  This document shows the Commander signed the document clearing the applicant for separation on 8 September 2006.  The Battalion S-4 signed the document on 9 February 2006. 

10.  Army Regulation 635-200, paragraph 1-26, provided that retention beyond a Soldier’s ETS to process administrative separation proceedings pursuant to the regulation was not authorized.  If it is desired to retain a Soldier beyond the ETS for a reason, other than those covered by paragraphs 1-21 through 1-24, request for approval of such action must have been forwarded to Headquarters, Department of the Army (AHRC-PDT-P), 200 Stovall Street, Alexandria, VA 22332-0847.

11.  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(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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the separation date and the completion of his term of service should be corrected on his DD Form 214.  Evidence of record shows his discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct was approved on 25 November 2005.  

2.  The applicant's DD Form 214 shows that he was released from active duty on 
31 January 2006.  However, a DA Form 137-1 provided by the applicant shows that he did not finally clear until 9 February 2006.  Based on this document the applicant's separation date on his DD Form 214 should be corrected to read 
9 February 2006 and the net service on his DD Form 214 should be changed to 
3 years, 0 months, and 5 days.  

3.  Evidence of record shows the applicant entered active duty on 5 February 2003 for a three year term and the change of his separation date to 9 February 2006 would take him past his ETS.  Although he was not separated because of his ETS, he did serve beyond his ETS.  Therefore, in accordance with regulatory guidance, he meets the criteria to have his first term of service considered as being completed in full.

4.  Items 21 and 22 of the applicant's DD Form 214 are correct as shown on his final DD Form 214.  A copy of his final DD Form 214 will be furnished to him.

BOARD VOTE:

__SC ___  __RA ___  ___PHM_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 in item 12b "2006" year(s), "01" month(s), and "31" day(s) of his DD Form 214; 

	b.  deleting the entry in item 12c "0002" year(s), "11" month(s), and "26" day(s) of his DD Form 214;

	c.  deleting the entry in item 18 "//MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS of his DD Form 214; 

	d.  amending his DD Form 214 in item 12b to add "2006" year(s), "02" month(s), and "09" day(s);

	e.  amending his DD Form 214 in item 12c to add ""0003" year(s), "00" month(s), and "05" day(s); and

	f.  amending his DD Form 214 in item 18 to add "//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS."




____ Samuel Crumpler___
          CHAIRPERSON




INDEX

CASE ID
AR20060012173
SUFFIX

RECON

DATE BOARDED
3 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR, SHATZER
ISSUES         1.
112.0300.0000
2.

3.

4.

5.

6.