IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120012316 


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 item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show something other than unsatisfactory performance.

2.  The applicant states, in effect, he served honorably for 3 years and he reenlisted for another 3 years.  His discharge hinders his opportunity for employment.

3.  The applicant provides his DD Form 214. 

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.  The applicant's records show he enlisted in the Regular Army (RA) on 3 April 1979 for a period of 3 years and he held military occupational specialties 71L (Administrative Specialist) and 11B (Infantryman).  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Hand Grenade Bar, Army Good Conduct Medal (1st Award), Army Service Ribbon, Overseas Service Ribbon, and the Expert Infantryman Badge. 

3.  On 25 November 1981, he reenlisted in the RA for a period of 3 years.

4.  On 28 November 1982, he was assigned to Headquarters and Headquarters Battery (HHB), 72nd Field Artillery Brigade, Germany.

5.  He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, as follows on:

* 28 January 1983, for one specification each of wrongfully assaulting a commissioned officer by using profane language and by striking him on the temple with a closed fist
* 8 November 1983, for failing to report to his place of duty at the prescribed time on two separate occasions
* 18 April 1984, for four specifications of failing to report to his place of duty at the prescribed time
* 7 June 1984, for failing to report to his place of duty at the prescribed time 

6.  On 19 June 1984, the applicant was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 13-2, for unsatisfactory performance.  The commander stated the specific reasons were the four Article 15's he had received.  The commander further stated if his recommendation was approved, the least favorable characterization of service he could receive was general, under honorable conditions.

7.  On 25 June 1984, he acknowledged receipt of the notification of his proposed discharge action.  He consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and the possible effects of a general discharge.  He was advised of the procedures and rights available to him.  He submitted a statement on his own behalf and requested he receive an honorable discharge.  He stated he was oriented towards making the Army a career and felt if he had been given a rehabilitative transfer it would have made a difference.  With his statement, he submitted the Honorable Discharge Certificate he received on 24 November 1981.

8.  On 20 July 1984, the separation authority approved his separation action under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and directed the issuance of a General Discharge Certificate and that he be transferred to the Individual Ready Reserve to complete his statutory service obligation.  

9.  The DD Form 214 he was issued shows he was released from active duty on 22 August 1984 and transferred to the U.S. Army Reserve Control Group (Reinforcement) under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with an under honorable conditions characterization of service.  He completed 5 years, 4 months, and 20 days of net active service.

10.  Item 18 (Remarks) of this DD Form 214 contains the entry “IMMEDIATE REENLISTMENTS THIS PERIOD:  790403 to 811124.”

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

12.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states in item 18 for enlisted soldiers with more than one enlistment period during the time covered by the 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).”  Then, enter the specific periods of reenlistments as prescribed above.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was released from active duty under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  His narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 13.  This is the only valid narrative reason for separation permitted under that chapter.  His narrative reason for separation is correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.
2.  The evidence of record also shows the applicant served satisfactorily during his initial period of service in the RA from 3 April 1979 through 24 November 1981.  He was awarded the Army Good Conduct Medal (1st Award) and received an Honorable Discharge Certificate for this period of service on 24 November 1981.  Therefore, it would be appropriate to correct his DD Form 214 to show this period of honorable service.

3.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for employment or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 18 of his DD Form 214 the entry “Continuous Honorable Active Service From 790403 until 811124.”

2.  The Board further determined 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 correcting his DD Form 214 to show his narrative reason for separation as something other than unsatisfactory performance.



      _______ _   __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)                                         AR20120012316



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ABCMR Record of Proceedings (cont)                                         AR20120012316



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