IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110011869 


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

* his entry date on active duty as 3 March 2005 instead of 22 January 2007
* his primary specialty as 11C (Indirect Fire Infantryman) instead of 11B (Infantryman) 
* an unspecified number of Army Commendation Medals
* upgrade of his general under honorable conditions discharge to fully honorable
* a change of his narrative reason for separation (misconduct-commission of a serious offense)
* a change of his separation code “JKQ” (misconduct - commission of a serious offense)
* his Reentry Eligibility (RE) code of RE-3 be upgraded

2.  He states:

* it was unjust for him not receive a fully honorable discharge without any commission of misconduct within 3 years in the military
* his narrative reason and separation codes are wrong
* the punishment of 90 days extra duty, 90 days restriction and $5,000 in lost pay was more than enough punishment



3.  He provides:

* two award certificates for the Army Commendation Medal
* case summary
* self-authored statement
* DD Form 214 
* two DA Forms 638 (Recommendation for Award)
* orders awarding him primary military occupational specialty (MOS) 11C1O
* two DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Enlisted Record Brief
* reassignment orders 
* orders awarding him the Combat Infantryman Badge
* separation orders
* deployment checklist
* page 16 of a deployment by-name roster
* North Atlantic Treaty Organization (NATO) travel orders
* DD Form 2796 (Post-Deployment Health Assessment)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 22 February 2005.  He enlisted in the Regular Army on 2 March 2005 for a period of 3 years and 16 weeks.  

2.  Headquarters, U.S. Infantry Center, Fort Benning, GA, Orders 137-3128, dated 17 May 2005, show he was awarded primary MOS 11C, effective 24 June 2005 or upon completion of MOS training.  

3.  His DD Form 214 shows he was deployed to Afghanistan on 1 March 2006.  

4.  He was discharged on 21 January 2007 for the purpose of reenlistment.  He completed 1 year, 10 months, and 20 days of active military service during this period.  

5.  He reenlisted on 22 January 2007 for a period of 6 years.  His DD Form 214 shows he departed Afghanistan on 1 March 2007.  

6.  His Enlisted Record Brief prepared on 5 May 2007 shows he was awarded and performed duties in MOS 11C.  This form also shows he was awarded the Army Commendation Medal, Overseas Service Ribbon, NATO Medal, and Combat Infantryman Badge.  

7.  He provided two DA Forms 638 and two award certificates which show he was awarded the:

   a.  Army Commendation Medal for meritorious service from 21 July 2005 to 10 October 2007 by Headquarters, 3rd Infantry Brigade Combat Team, Task Force Spartans, Forward Operating Base (FOB) Fenty, Afghanistan, Permanent Order Number 141-148; and 

   b.  Army Commendation Medal for meritorious service from 4 March 2006 to 28 February 2007 by Headquarters, 3rd Infantry Brigade Combat Team, Task Force Spartans, FOB Salerno, Afghanistan, Permanent Order Number 021-285.

8.  He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on two occasions for being absent without leave (AWOL) from 31 August to 5 September 2007 and 3 January to 5 February 2008.  

9.  On 10 April 2008, the unit commander notified him of the proposed recommendation to discharge him under the provisions of Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, for misconduct-commission of a serious offense.  He was advised of his rights.

10.  The applicant acknowledged notification of separation action, declined to consult legal counsel, and he didn't submit statements in his own behalf.

11.  On 16 April 2008, the separation authority approved separation action under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct - commission of a serious offense, with issuance of a general discharge.

12.  He was discharged on 24 April 2008 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct - commission of a serious offense.  

13.  His DD Form 214 shows in:

   a.  item 11 (Primary Specialty (List number, title and years and months in specialty.  List additional specialty numbers and titles involving periods of one or more years)) - his primary specialty as “11B1O INFANTRYMAN – 1 YRS  3 MONTHS//NOTHING FOLLOWS”; 
   
   b.  item 12a (Date Entered Active Duty This Period) - he entered active duty on 22 January 2007; 
   
	c.  item 12c (Net Active Service This Period) - he completed 1 year, 3 months, and 3 days of active service; 

	d.  item 12e (Total Prior Inactive Service) --he completed 1 year, 10 months, and 20 days prior inactive service; 

	e.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service) – he wasn’t awarded any Army Commendation Medals; 

   f.  item 13 - he was awarded the Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, and Combat Infantryman Badge; 
   
   g.  item 18 - the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and doesn’t show his period of immediate reenlistment;  
   
   h.  item 24 (Character of Service (include upgrades)) - the entry “UNDER HONORABLE CONDITIONS (GENERAL)”; 
   
   i.  item 25 (Separation Authority) - the entry “AR 635-200, PARA 14-12C”; 

   j.  item 26 (Separation Code) - the entry “JKQ”; 
   
   k.  item 27 (Reentry Code) - the entry “3”; 
   
   l.  item 28 (Narrative Reason for Separation) - the entry “MISCONDUCT (SERIOUS OFFENSE)”;
   
   m.  item 29 (Dates of Time Lost During This Period (YYYYMMDD)) - the entry “NONE”

14.  On 13 October 2010, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge and change of narrative reason for discharge.  

15.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation directed that:

	a.  the titles of all MOSs served for at least 1 year and the number of years and months served will be entered in item 11.  Do not count basic training and advanced individual training; 

	b.  the date entered active duty would be entered in item 12a of the DD Form 214; 

	c.  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);

	d.  mandatory entry:  “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE.”  This information assists the State in determining eligibility for unemployment compensation entitlement; 

	e.  item 28 will list the narrative reason for separation based on regulatory or other authority and can be checked against the cross-reference table in Army Regulation 635-5-1.

16.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Paragraph 1-19 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

17.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)
18.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 

   a.  Chapter 14 establishes policy and prescribes procedures for separating 
members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.  

   b.  Paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

   c.  The regulation states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

   (1)  RE-1 applies to Soldiers completing their term of active service who 
are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met;
   
   (2)  RE-3 applies to Soldiers who are not considered fully qualified for 
reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

19.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “JKQ” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Misconduct-Commission of a Serious Offense” and that the authority for discharge under this separation program designator is “Army Regulation
635-200, Chapter 14-12c."  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated by reason of misconduct - commission of a serious offense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show he entered active duty on 3 March 2005 is acknowledged.  However, his enlistment contract indicates he initially enlisted in the Regular Army on 2 March 2005, not on 3 March 2005.  Therefore, item 12a of his DD Form 214 should be amended to show the date he entered active duty as 2 March 2005 instead of 22 January 2007.  

2.  As a result of correction in paragraph 1, above, item 12c should be amended to reflect 3 years and 13 days.  Although his period of lost time (Article 15) is not recorded in item 29 of his DD Form 214, item 12c is amended to include his 40 days of lost time to ensure it is not counted in computation of total creditable service for benefits.  

3.  The applicant’s DD Form 214 incorrectly reflects 1 year, 10 months, and 20 days total prior inactive service in item 12e.  Therefore, this period of service should be deleted and amended to reflect 0000  00  00 (Year(s) Month(s) Day(s)) total prior inactive service this period.

4.  The evidence of record shows the applicant reenlisted on 22 January 2007 and completed his first full term of service.  However, item 18 of his DD Form 214 doesn’t reflect his period of immediate reenlistment or that he completed his first full term of service.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show he completed his first full term of service and his period of immediate reenlistment from 2 March 2005 through 21 January 2007.  

5.  Orders show the applicant was awarded MOS 11C.  Therefore, his DD Form 214 should be amended to show his primary MOS as 11C1O instead of 11B1O for a period of 2 years, 8 months, and 12 days of training.  

6.  Orders show the applicant received two awards of the Army Commendation Medal for meritorious service.  Since one award is for overlapping dates of service (21 July 2005 to 10 October 2007 and 4 March 2006 to 28 February 2007), one of the awards is not valid in accordance with the governing regulation.  However, based on the fact the second Army Commendation Medal covered his service during Operation Enduring Freedom, it would be appropriate to amend 


Permanent Order Number 021-285, to show he received the Army Commendation Medal for meritorious achievement during the period 4 March 2006 to 28 February 2007 and his DD Form 214 should be corrected to show the Army Commendation Medal (2nd Award).  

7.  The evidence of record shows he served in Afghanistan from 1 March 2006 to 1 March 2007 and was awarded the Afghanistan Campaign Medal.  However, he served during the Consolidation II campaign and is authorized to wear one bronze service star on his Afghanistan Campaign Medal.  

8.  His service record shows he received two Article 15s for being AWOL.  

9.  His administrative separation for that misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

10.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  It appears the separation authority determined the applicant's overall service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation of a fully honorable discharge and characterized his service as under honorable conditions (general).  He has not presented sufficient evidence which warrants changing his general discharge under honorable conditions to fully honorable.

11.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on misconduct and there is no basis upon which this reason should be changed.  Therefore, there is no basis for changing his narrative reason for separation, separation code, or RE code.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "11B1O INFANTRYMAN – 1 YRS 3 MOS" from item 11 and replacing it with the entry "11C1O INDIRECT FIRE INFANTRYMAN – 2 YRS and 8 MOS"; 

	b.  deleting the entry "2007 01 22" from item 12a and replacing it with the entry “2005 03 02;”

	c.  deleting the entry "0001 03 03" from item 12c and replacing it with the entry “0003 00 13";

	d.  deleting the entry "0001 00 01" from item 12e and replacing it with the entry "0000 00 00";

	e.  deleting the entry "AFGHANISTAN CAMPAIGN MEDAL" from item 13 and replacing it with the entry "AFGHANISTAN CAMPAIGN MEDAL WITH ONE BRONZE SERVICE STAR"; 

	f.  amending Permanent Orders 021-285 to show he received the Army Commendation Medal for meritorious achievement;

	g.  amending item 13 to add two awards of the Army Commendation Medal; 

	h.  amending item 18 by deleting the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and replacing it with the entry “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE”; and

	i.  amending item by adding the entry “IMMEDIATE REENLISTMENT THIS PERIOD 20050302 - 20070121.”

2.  The Board further determined that the evidence presented was 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:

* upgrading his general under honorable conditions discharge to fully honorable


* changing his narrative reason for separation (misconduct - commission of a serious offense)
* changing his separation code “JKQ” (Misconduct - Commission of a Serious Offense)
* upgrading of his RE code of RE-3



      ___________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)                                         AR20110011869



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ABCMR Record of Proceedings (cont)                                         AR20110011869



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