BOARD DATE:	  30 September 2010 

		DOCKET NUMBER:  AR20100009870 


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 reconsideration of his request that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was released from active duty (REFRAD) on 30 June 1999 instead of
19 September 1997.  He also now requests correction of his rank/grade to show private first class (PFC)/pay grade E-3 instead of private (PVT)/pay grade E-1.

2.  The applicant states that his first sergeant did not like people from Florida and he was not properly processed for separation.

3.  The applicant provides copies of his DD Form 214, two Geneva Conventions [Military] Identification Cards, a U.S. Government Motor Vehicle Operator's Identification Card, three Form W2 Wage and Tax Statements (dated in 1997 and 1998), and two orders in support of his request.

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 AR20090008268 on 8 October 2009.

2.  The applicant's records show he enlisted in the U.S. Army Reserve for a period of 8 years on 25 November 1996 and that he enlisted in the Regular Army for a period of 2 years and 20 weeks on 28 January 1997.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) covers the period from 25 November 1996 to 19 September 1997.

   a.  Item 18 (Appointments and Reductions) shows he was appointed to the grade of PVT on 28 January 1997.  This item does not show any other appointments or promotions.

   b.  Item 23 (Place of Birth and Citizenship) shows the applicant was born in Florida.

4.  On 21 August 1997, the applicant's commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
5-11, for failure to meet procurement medical fitness standards.  This document shows the applicant's rank was PVT/E-1.

5.  On 21 August 1997, the applicant acknowledged notification of the proposed separation action.  His signature block shows the rank of "PVT.

6.  The applicant was advised by consulting counsel of the basis for the contemplated action to separate him from the Army, its effects, of the rights available to him, and the effect of any action taken by him in waiving his rights. He signed the statement of understanding and his signature block shows the rank of "PVT."  His legal counsel also signed the document.  There is no evidence of an allegation or statement by the applicant indicating that his first sergeant did not like him because he was from Florida.

7.  On 25 August 1997, the applicant's commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-11.   

8.  On 15 September 1997, the separation authority approved the recommendation for separation and directed the applicant be furnished an Honorable Discharge Certificate.  

9.  Headquarters, National Training Center and Fort Irwin, Fort Irwin, CA, Orders 262-33, dated 19 September 1997, reassigned the applicant to the Transition Management Activity for release from active duty on 19 September 1997 and transfer to the U.S. Army Reserve (USAR) Control Group (Annual Training),
St. Louis, MO, with a Reserve obligation termination date of 24 November 2004.  The orders show the applicant's rank as "PVT."


10.  The applicant's DD Form 214 shows he was honorably REFRAD under the provisions of Army Regulation 635-200, paragraph 5-11, based on failure to meet procurement medical fitness standards, and he was transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.
  
   a.  Item 4a (Grade, Rate or Rank) shows "PVT"; item 4b (Pay Grade) shows "E-1"; and item 12 (Record of Service), block h (Effective Date of Pay Grade), shows "970128" (i.e., 28 January 1997). 

   b.  Item 12 (Record of Service), block b (Separation Date This Period), shows "970919" (i.e., 19 September 1997).

   c.  At the time of separation, the applicant had completed 7 months and 
22 days of active service and he had 2 days of lost time.

11.  There are no orders or other evidence in the applicant's military personnel records that shows he held the rank of PFC/E-3 at any time during the period of active service that is under review in this case.

12.  The applicant submitted an application to the Army Discharge Review Board (ADRB) requesting a change of his narrative reason for separation and of his reentry eligibility (RE) code.  On 28 June 1999, the ADRB denied his request to change his narrative reason for discharge.  It was not within the purview of the ADRB to change his RE code.

13.  On 30 January 1999, the applicant requested that the reason for his separation be changed from failure to meet procurement medical standards to secretarial authority and that his RE code be changed to allow him to reenlist.  On 6 January 2000, in ABCMR Docket Number AR1999022958, the ABCMR found the applicant's administrative separation was accomplished in accordance with applicable Army regulations with no indication of discrimination, prejudice or procedural errors which would have jeopardized his rights.  Accordingly, the applicant's request was denied and he was notified of the ABCMR's decision.

14.  Headquarters, USAR Personnel Command, St. Louis, MO, Orders
C-11-032573, dated 17 November 2000, released the applicant from the USAR Control Group (Annual Training) and assigned him to the U.S. Army Medical Support, Gainesville, Florida, effective 16 November 2000.  The orders show his rank as "PV2" (private) [E-2].


15.  Headquarters, U.S. Army Human Resources Command, St. Louis, MO, Orders D-11-446823, dated 30 November 2004, honorably discharged the applicant from the USAR Control Group effective 30 November 2004.  The orders show his rank as "PV2."

16.  In support of his request for reconsideration, the applicant provides the following documents:

   a.  His DD Form 214, Geneva Conventions [Military] Identification Card
(U.S. Army Active) [emphasis added] with an expiration date of 30 June 1999; U.S. Government Motor Vehicle Operator's Identification Card issued on 4 June 1997 with an expiration date of 4 June 2000; and three Form W2 Wage and Tax Statements (1997 and 1998).  These documents were previously considered in the applicant's original request and offer no new evidence.

   b.  A Geneva Conventions [Military] Identification Card (U.S. Army Reserve) [emphasis added], issued on 22 November 2002 with an expiration date of
24 November 2004, that shows his rank/pay grade as "PVT/E3."

   c.  Copies of two orders issued on 17 November 2000 and 30 November 2004 that were previously considered in this Record of Proceedings.

17.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.

	a.  Chapter 5 (Separation for Convenience of the Government), paragraph
5-11, provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty for training for initial entry training will be separated.  A medical proceeding conducted by an Existed Prior to Service Board, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

	b.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized [entry level status] if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.
18.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

       (1)  Item 4a and item 4b state enter active duty grade of rank and pay grade at time of separation.
   
       (2)  Item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.

   (a)  Block b states enter the separation date this period.

   (b)  Block h states enter the effective date of promotion to pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was REFRAD on 30 June 1999 and that he held the rank and pay grade of PFC (E-3) at the time of separation because he was improperly processed for separation and REFRAD on 19 September 1997.

2.  The applicant's contentions were carefully considered.

   a.  The applicant's Geneva Conventions Identification Card (U.S. Army Active) that was issued based upon his entry on active duty on 28 January 1997 for a period of 2 years and 20 weeks, correctly shows his expiration term of service date of 30 June 1999.  However, this document does not provide sufficient evidence that the applicant was separated on 30 June 1999.


   b.   The evidence of record shows the applicant acknowledged with his signature on 21 August 1997 that his rank was PVT [E-1].  The separation authority approved the applicant's separation action on 15 September 1997 and the applicant was REFRAD on 19 September 1997 in the rank of PVT (E-1).

   c.  There is no evidence of record, and the applicant provides insufficient evidence, to show that:

       (1)  his first sergeant did not like him and other Soldiers from Florida;

       (2)  he held a rank/pay grade higher than PVT/E-1 during the period of active duty service under review;

       (3)  he was improperly processed for separation on 19 September 1997; or

       (4)  he was retained on active duty beyond 19 September 1997.
   
   d.  The applicant was REFRAD on 19 September 1997, transferred to the USAR Control Group (Annual Training) on 20 September 1997, and honorably discharged from the USAR on 30 November 2004.  Thus, it is logical that the applicant would be issued Form W2 Wage and Tax Statements for tax years 1997 and 1998.  Therefore, these documents offer no evidence to support the applicant's contention that he was retained on active duty [emphasis added] beyond 19 September 1997.  In addition, his Geneva Conventions [Military] Identification Card (U.S. Army Reserve) [emphasis added], issued on
22 November 2002 [emphasis added] with an expiration date of 24 November 2004, also offers no evidence to support his contentions.

3.  The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 5-11, based on failure to meet procurement medical fitness standards was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Thus, the type of discharge directed, the reasons therefore, and the date of separation were appropriate.  Therefore, considering all the facts of this case, there is no basis for granting the applicant's request to change his grade or the date he was separated from active duty.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090008268, dated 8 October 2009.




      _______ _ 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)                                         AR20100009870



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR