IN THE CASE OF:	

		BOARD DATE:	    26 September 2013

		DOCKET NUMBER:  AR20130003488 


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 that his character of service be upgraded to general and his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show prior active duty service from 5 September 2002 through 27 October 2005.

2.  The applicant states he served honorably for over three years with a one-year deployment to Iraq.  He was advanced to specialist (E-4) in under two years and awarded the Good Conduct Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.  He attempted to obtain treatment for mental health issues prior to each of his periods of absence without leave (AWOL).

3.  The applicant provides copies of:

* Military Entrance Processing Station Orders Number 165-17
* a 15 April 2010 DD Form 214
* two editions of his Enlisted Record Brief (ERB)
* a duty status form 
* a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces)
* a 10 March 2010 Memorandum for Record
* 11 pages of service medical records and 
* 7 pages of administrative requests for records to or from the National Personnel Records Center and the Department of Veterans Affairs


CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  It states the application may be returned without action if the applicant has not exhausted all other administrative remedies.

2.  On the issue of upgrade of the characterization of his service, the applicant had other administrative remedies available to him in the form of review by the Army Discharge Review Board (ADRB).  This issue was referred to the ADRB.  While the ADRB considered and denied his request for an upgrade on 8 August 2013, the applicant still has the option of requesting a personal appearance before that board.  In accordance with regulations, the ABCMR will not take any action on his request for an upgrade of his discharge at this time and this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant's Interactive Personnel Electronic Records Management System (iPERMS) file contains very little documentation pertaining to his military service prior to his period of AWOL from 1 June 2006 through 1 October 2010.  

4.  Military Entrance Processing Station Orders Number 165-17, dated 5 September 2002, show the applicant enlisted in the Regular Army and was to report for duty effective that date.

5.  A 10 September 2002 DD Form 2366 (Montgomery GI Bill Act of 1984 election form) states "I am NOT eligible for MGIB because I am a Service Academy graduate/Reserve Officers’ Training Corps (ROTC) scholarship graduate." and  "I am NOT eligible for the MGIB based upon this enlistment because this is not my initial entry on active duty."

6.  Other than the above election form, the available record contains no evidence of any participation in an ROTC program or active duty service prior to his 2002 enlistment.

7.  An undated Duty Status Listing form shows his service as present for duty or in transit from 12 September 2002 through 22 April 2003.  The next entry, dated 28 October 2005, shows his status as AWOL.


8.  The record contains six DA Forms 4187 (Personnel Action) that show he was AWOL from 28 October 2005 through 6 March 2006 and 1 June 2006 through 2 October 2009.

9.  An 11 April 2006 DD Form 458 (Charge Sheet) shows the applicant was charged with AWOL for the period from 28 October 2005 through 16 March 2006. Item 6 shows an initial date of current service of 5 September 2002 with a term of service of 48 months.  

10.  A 26 April 2006 summary court-martial found the applicant guilty of the 28 October 2005 through 16 March 2006 AWOL charge and sentenced him to reduction to pay grade of E-1; forfeiture of $848.00; and confinement for 25 days.

11.  An 11 March 2010 DD Form 458 shows the applicant was charged with two periods of AWOL: 28 October 2005 through 11 March 2006 (4 months and 16 days) and 1 June 2006 through 1 October 2009 (3 years, 4 months, and 2 days).  The first charge is lined through with the notation "Dismissed with Prejudice."  Item 6 shows an initial date of current service of 24 May 2006 with a term of service of 46 months. 

12.  The applicant provides two ERB's, dated 26 June 2005 and 15 April 2010, that both show a service entry date of 5 September 2002.  They also provide the following:

* award of the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal
* advancement to specialist (E-4) on 5 September 2004
* the 2005 ERB shows a Pay Entry Base Date (PEBD) of 5 September 2002 with a Basic Enlisted Service Date (BESD) of 5 September 2002
* the 2010 ERB shows a PEBD of 24 May 2006 with a BESD of 5 September 2002

13.  The applicant's DD Form 214 shows at: 

* item 11 - Primary Specialty - 64W1O Health Care Specialist - 3 years 11 months
* item 12a - Date Entered Active Duty This Period - 24 May 2006
* item 12b - Date Of Separation - 15 April 2010
* item 12c - Net Service This Period - 6 months and 21 days 
* item 12d and e - Prior Service - See Block 18
* item 12f - Foreign Service - 1 year
* item 13 - award of the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and  Army Service Ribbon
* item 14 - Military Education Completed - None
* item 18 - Remarks - "DD Form 215 will be issued to provide the missing information" and "The member has not completed first full term of service” 
* item 25 - separation under Army Regulation 635-200, chapter 10
* item 28 - lost time from 1 June 2006 through 1 October 2010

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  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.  

	b.  All source documents should be in place to complete the DD Form 214WS.  If approval documentation is not present in a Soldier's records, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel/Adjutant General or chain of command) for proper source documents.

15.  Army Regulation 601-280 (Army Retention Program) states Soldiers with 30 or more days AWOL/confinement during current enlistment are ineligible for reenlistment or transfer.

DISCUSSION AND CONCLUSIONS:

1.  In addition to the applicant's records not containing a DD Form 215 providing the missing information from his DD Form 214, the applicant's DD Form 214 appears to be significantly flawed in a number of other entries.

2.  From the available records, it cannot be determined what, if any, earlier military service or association the applicant may have had to include possible ROTC participation.

3.  Based on the applicant's ERB's, Military Entrance Processing Station Orders, court-martial records, and discharge records, it is clear that the applicant was on active duty prior to the date shown on his DD Form 214, 24 May 2006.  

4.  Further, with his lost time and confinement the applicant would not have been eligible to reenlist on 24 May 2006.  The preponderance of evidences shows his enlisted date of entry is 5 September 2002.  Therefore, it is appropriate to correct the DD Form 214 to reflect this date.

5.  With a correction of the date of entry, the entries for items 12c, 12d, and 12e also require correction.  

6.  Further, the applicant's DD Form 214 also appears to have errors or incomplete information at:

* item 13 - Awards
* item 14 - Military Education 
* item 18 - possible deployment information
* item 29 - inclusion of all periods of lost time

7.  Without access to all of the applicant's complete military service and pay records, the Board does not have sufficient information to verify what the correct entries are for the items noted in paragraphs 4 and 5 above.  

8.  Therefore, it is appropriate to direct the U.S. Army Human Resources Command, Fort Knox, KY to do a complete audit of the applicant's records, calculate the proper dates for entry of his DD Form 214 Record of Service item 12 entries, verify and correct as necessary the entries on the DD Form 214 at items 13, 14, 18, and 29 and issue a DD Form 215 to include any and all corrections.  

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his DD Form 214 to show his  date of entry as 5 September 2002; and

	b.  directing the U.S. Army Human Resources Command, Fort Knox, KY to do a complete audit of the applicant's records, calculate the proper dates for entry of his DD Form 214 Record of Service item 12 entries, verify and correct as necessary the entries on the DD Form 214 at items 13, 14, 18, and 29, and issue a DD Form 215 to include any and all corrections.  



      __________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)                                         AR20130003488





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ABCMR Record of Proceedings (cont)                                         AR20130003488



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