IN THE CASE OF:	  

	BOARD DATE:	  13 MAY 2008

	DOCKET NUMBER:  AR20080002476 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, through his elected representative, reconsideration of the Board’s denial of his request to upgrade his Under Other Than Honorable Conditions (UOTHC) discharge.

2.  The applicant states, through his elected representative, that he had a prior honorable discharge before his UOTHC discharge.

3.  The applicant provides six statements which verify that the applicant entered an addictions treatment program on 1 June 2005, successfully completed the program on 7 May 2006, has remained drug and alcohol free from the date of his admission into the program, has performed 247 hours of volunteer work at the Department of Veterans Affairs (VA) addictions treatment center, is a positive roll model to other veterans, goes out of his way to help fellow veterans, is deeply involved with Alcoholics Anonymous and Narcotics Anonymous, and is in his third semester in a college.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040003526 on 3 May 2005.

2.  The statements provided by the applicant are new evidence and warrant the Board’s reconsideration of his request.
3.  In the Board’s first consideration of this case, it was shown that the applicant requested discharge for the good of the service after he was charged with wrongful distribution of marihuana, which was purchased from parties unknown and subsequently sold to a Government agent; for the wrongful possession of 12 grams of marihuana; the distribution of 8 grams of marihuana; and for the wrongful use of marihuana.  The Board concluded that the applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural error which would tend to jeopardize his rights.

4.  The DD Form 214 the applicant was issued when he was discharged has entered in Item 18, Remarks, “Immediate reenlistment this period:  830730 [30 July 1980].”

5.  Paragraph 16-3 of Army Regulation 635-200 (Personnel Separations), then in effect, stated, in pertinent part, that when a Soldier is accepted for immediate reenlistment he will be discharged and reenlisted on the day following discharge. The regulation further states that the service of a Soldier discharged per paragraph 16-3 will be characterized as honorable unless entry-level separation is required.

6.  Army Regulation 635-5, Separation Documents, currently in effect, paragraph 2-4, Completing the DD Form 214, states in pertinent part, “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).  However, 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).”

DISCUSSION AND CONCLUSIONS:

1.  Neither the applicant nor his elected representative have submitted any evidence to warrant upgrading the applicant’s UOTHC discharge.  The applicant was charged with court-martial offenses and he requested discharge in lieu of trial by court-martial.  A discharge UOTHC is considered appropriate for Soldiers so discharged.

2.  However, under current standards the applicant’s service prior to his enlistment would be identified as continuous honorable service.  Such an entry may help the applicant obtain benefits from Government agencies.

3.  As such, it would be equitable to correct the applicant’s DD Form 214 to add to the entry in Item 18, Remarks, “Immediate reenlistment this period:  830730” the entry “Continuous Honorable Active Service From 800730 Until 830729.”  The omission of this additional remark is an administrative matter that does not require Board action to correct.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct his record and separation document as outlined by the Board in paragraph 2 of the 
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__X____  __X_____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice related to upgrading the UOTHC discharge.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add to the entry in Item 18, Remarks, “Immediate reenlistment this period:  830730” the entry “Continuous Honorable Active Service From 800730 Until 830729.”




      ____________X___________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002476



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ABCMR Record of Proceedings (cont)                                         AR20080002476



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