BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100022209 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* his correct rank and pay grade
* award of the Army Good Conduct Medal and the Overseas Service Ribbon
* he graduated from high school

2.  The applicant states he was awarded the Army Good Conduct Medal and the Overseas Service Ribbon and was a high school graduate.  He further contends he was an active member in the U.S. Army Reserve (USAR) and he was honorably discharged.

3.  The applicant provides a copy of his DD Form 214 and orders discharging him the USAR.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of 


justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 17 September 1981, the applicant enlisted in the Regular Army for a period of 4 years.  He completed his initial training and he was awarded military occupational specialty 62B (Construction Equipment Repairer).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows:

	a.  in 1981, prior to enlistment, he completed 4 years of high school in general studies at Cardinal High School;

	b.  in October 1981, he qualified as a marksman with the M-16 rifle and the hand grenade;

	c.  on 25 January 1982, he departed Fort Leonard Wood, MO for duty in the Republic of Korea (ROK) and on 25 March 1982, he was assigned to Company D, 44th Engineer Battalion;

	d.  on 19 March 1983, having completed a normal tour of duty in the ROK, he departed the ROK en route to his next assignment at Fort Lewis, WA; and

	e.  on 17 July 1984, he departed Fort Lewis for his second tour of duty in the ROK, where he arrived on 23 July 1984 and he was assigned to Company C, 44th Engineer Battalion.

4.  Orders 163-112, issued by the 199th Personnel Service Company, dated
29 August 1984, promoted the applicant to specialist four (SP4)/E-4 with an effective date and date of rank of 1 September 1984.

5.  Permanent Orders 104-13, issued by the same authority, dated 18 October 1984, as amended by Permanent Orders 110-14, dated 2 November 1984, awarded the applicant the Army Good Conduct Medal (First Award) for the period 17 September 1981 through 16 September 1984.

6.  The applicant departed absent without leave (AWOL) from his unit on
9 February 1985.  On 11 March 1985, he was dropped from the rolls of his unit.  On 21 March 1985, he was apprehended by civilian authorities and he was returned to military control at Fort Lewis.
7.  On 29 March 1985, court-martial charges were preferred against the applicant for being AWOL from on or about 9 February 1985 to on or about 21 March 1985.

8.  On the same date, having been appropriately advised by legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial.  He elected not to make a statement in his own behalf.  He was placed on voluntary excess leave pending the disposition of his discharge request.

9.  On 4 June 1985, the Commanding General, Fort Ord, CA, approved the applicant's request for discharge in lieu of court-martial and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate and immediate reduction to the lowest enlisted grade in accordance with Army Regulation 600-200 (Enlisted Personnel Management System).

10.  On 17 June 1985, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of court-martial with an under other than honorable conditions discharge.  He completed 3 years, 7 months, and 21 days of creditable active duty service with 40 days of time lost.

11.  The applicant's DD Form 214 shows in:

	a.  item 4a (Grade, Rate or Rank), the entry "PV1";

	b.  item 4b (Pay Grade), the entry "E-1";

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon; and

	d.  item 16 (High School Graduate or Equivalent), an X in the "No" block.

12.  A DA Form 543 (Request for Records), dated 1 March 1988, indicates that the applicant had been reassigned from the USAR Control Group (Reinforcement) to the 872nd Maintenance Company, Washington, IA, effective 6 August 1988.  The applicant is identified as an SP4 on this document.

13.  On 13 August 1988, the applicant reenlisted in the USAR for 3 years for duty in a troop program unit (TPU).  


14.  Orders D-08-124825, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 6 August 1991, discharged the applicant from the Ready Reserve in the rank/grade of SP4/E-4, with an honorable characterization of service.

15.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for:

* item 4a and b, enter the active duty grade of rank and pay grade at time of separation
* item 13, enter the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); each entry will be verified by the Soldier’s records
* item 16, this item is self-explanatory

16.  Army Regulation 600-200, in effect at the time, prescribes policy and procedures for career management of Army personnel.  Paragraph 6-11 (Approved for discharge from service under other than honorable conditions) states, when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, he or she will be reduced to the lowest enlisted grade.  Board action is not required for this reduction.  The commander having separation authority will, when directing a discharge under other than honorable conditions or when directed by a higher authority, will direct the Soldier's reduction to private (PV1)/E-1.

17.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

18.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was a high school graduate at the time of entry on active duty in 1981.  Therefore, his DD Form 214 should be corrected to show he was a high school graduate.

2.  The evidence of record shows he served in Korea during a qualifying period of service for the Korea Defense Service Medal and the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Permanent orders awarded the applicant the first award of the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record shows the applicant qualified as a marksman with the M-16 rifle and the hand grenade.  Therefore, his DD Form 214 should be corrected to show his marksmanship qualification badges.

5.  The evidence of record shows the applicant was reduced to PV1/E-1 as a result of his approved voluntary separation action under the provisions of Army Regulation 635-200, chapter 10.  By regulation, when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, he or she will be reduced to the lowest enlisted grade, which was affected on 4 June 1985, the date the separation authority approved his separation request.  His subsequent service in the USAR resulting in regaining the rank/grade of SP4/E-4 may not be shown on the subject
DD Form 214.  Therefore, the corresponding entries on his DD Form 214 showing his rank/grade are correct.  Accordingly, there is no basis for granting this portion of his request.

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:

	a.  deleting from item 16 of his DD Form 214 the X in the "No" block and replacing it with an X in the "Yes" block; and

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Korea Defense Service Medal
* Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars

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 changing his rank and pay grade as shown on his DD Form 214.



      __________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)                                         AR20100022209



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ABCMR Record of Proceedings (cont)                                         AR20100022209



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