IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080015617
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, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period April 1989 through March 1990.
2. The applicant states, in effect, that he completed 11 months of enlisted active duty during the period April 1989 through March 1990 and that he received a DD Form 214 upon completion of Officer Candidate School reflecting 11 months enlisted time as a sergeant. He contends that his DD Form 214 was stolen and that his military records show no record of the DD Form 214.
3. The applicant provides enlistment documents; a certificate of achievement; an Application for Appointment; a memorandum; active duty orders; and an email, dated 24 September 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract shows he enlisted in the Regular Army on 12 April 1989 for a period of 4 years and 17 weeks.
2. The available records do not contain a DD Form 214 for the period ending
28 February 1990.
3. On 1 March 1990, the applicant was appointed a second lieutenant in the U.S. Army Reserve.
4. The applicant is currently serving on active duty in the rank of major.
5. The applicant's Officer Record Brief, dated 23 September 2008, shows he had 11 months of prior service.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the Regular Army on
12 April 1989 and it appears he was discharged on 28 February 1990. Although there is no DD Form 214 for this period on file in his record, administrative regularity is presumed. However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served in the Regular Army from 12 April 1989 through 28 February 1990.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ 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 issuing him a Transcript of Military Record to show he served in the Regular Army from 12 April 1989 through 28 February 1990.
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 issuing him a DD Form 214 for the period April 1989 through March 1990.
_______ xxx _______ ___
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) AR20080015617
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015617
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019754
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of his Meritorious Service Medal and the Armed Forces Expeditionary Medal for his service in Panama. Permanent Orders 160-8, issued by Headquarters, U.S. Army Special Operations Command, Fort Bragg, dated 9 June 1999, awarded him the Meritorious Service Medal for exceptionally meritorious service from 1 June 1989 to 31 May 1999. Evidence clearly shows he served a...
ARMY | BCMR | CY2014 | 20140012320
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his foreign service in: * Saudi Arabia, from 1 August 1990 through 15 April 1990 [sic], * Korea, from 24 February 1988 through 22 February 1989 * Europe, from 15 October 1998 through 14 June 2002 2. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in the following locations during the period specified: * Korea 24 February 1988 through 22 February...
ARMY | BCMR | CY2014 | 20140003066
Application for correction of military records (with supporting documents provided, if any). The applicant states no record of his service in Saudi Arabia is listed on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states: a.
ARMY | BCMR | CY2010 | 20100000416
He also requests that he be issued a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) for his period of service that was characterized as honorable. The applicant provides copies of: * a letter, dated 10 February 2004, from the Defiance County Veterans' Service Commission - Veterans' Affairs, Defiance, OH * a Standard Form 180 (Request Pertaining to Military Records) * a letter, dated 16 June 1997, from the Defiance County Veterans' Service Commission * his DD...
ARMY | BCMR | CY2008 | 20080019937
The applicant was discharged from the Army on 26 December 1990. The DD Form 214 he was issued shows he was discharged in accordance with chapter 3 of Army Regulation 635-200 (Personnel Separations), as a result of court-martial, with a bad conduct discharge. Conviction and discharge were effected in accordance with applicable laws and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2011 | 20110011730
In support of his request, the applicant provides the following documents: a. a DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 July 1989, that shows Lieutenant Colonel James L. H----, Commander, 1st Battalion, 41st Infantry, awarded the applicant the Army Achievement Medal for meritorious achievement from 30 March through 9 May 1989; and b. a DA Form 4980-14 (Army Commendation Medal Certificate), dated 19 June 1990, that shows Colonel Stanley F. C----, Commander, 41st...
ARMY | BCMR | CY2010 | 20100013274
The applicant provides his DD Form 214 and certificates showing he was awarded the AM, ARCOM, AAM, and AGCM. Based on this evidence of record, the applicant is entitled to correction of his record to show award of the SWASM with three bronze service stars, KLM-SA, and the KLM-KU. While the applicant's records do not contain orders for the AGCM, the applicant was awarded the AM, ARCOM, and AAM for meritorious achievement, he was promoted to pay grade E-5, and there is no evidence of...
ARMY | BCMR | CY2009 | 20090001724
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. an increase in her rank and pay grade from private first class (PFC)/pay grade E-3 to an unspecified rank and pay grade; b. the time period during which she was mobilized and served on active duty in support of Operation Desert Storm; c. her social security account...
ARMY | BCMR | CY2010 | 20100024426
No evidence shows he was promoted to sergeant/pay grade E-5 again prior to his discharge on 20 March 1990. The evidence shows he was promoted to sergeant/pay grade E-5 in 1983, but he was reduced in rank due to misconduct. Since no evidence shows he was promoted to sergeant/pay grade E-5 again prior to his discharge on 20 March 1990, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2009 | 20090006195
The applicant requests the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Service in Southwest Asia (SWA) from August 1990 to April 1991; * Award of the Army Commendation Medal, the Army Achievement Medal (Third Award), the Army Good Conduct Medal, and Certificates of Achievement; and * Completion of the 62E Construction Equipment Operator Course, the Combat Lifesaver Course, the Emergency Medical Technician Course, and the Airborne Course....