IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018253 


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 reflect foreign service credit of 7 months in support of Operation Enduring Freedom (OEF).

2.  The applicant states he deployed to Afghanistan for 7 months from 12 March 2012 through 23 October 2012 when he was medically evacuated from the theater, but this is not reflected on his DD Form 214.  He additionally draws attention to item 28 (Narrative Reason for Separation) of his DD Form 214 where misconduct – absent without leave (AWOL) is listed.  He claims he was in the Pierce County, WA, jail at the time of his absence.

3.  The applicant provides Installation Management Command, Joint Base Garrison Mail Stop 85, Orders LS-075-0050, dated 15 March 2012.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 July 2011.

2.  Installation Management Command, Joint Base Lewis-McChord, WA, Orders LS-075-0050, dated 15 March 2012, ordered the applicant to deploy to Afghanistan in a temporary change of station status in support of OEF due to proceed on or about 15 March 2012.

3.  Landstuhl Regional Medical Center, Germany, Orders A-07-212572, dated 19 July 2012, reassigned the applicant to Madigan Army Medical Center, Fort Lewis, WA, for purposes of medical evacuation for continued medical care with a reporting date of 19 July 2012.

4.  His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 3 April 2012 through 31 July 2012.

5.  The applicant's records contain the following documents corroborating his dates of AWOL:

* DA Form 4187 (Personnel Action), dated 12 September 2012, changing his duty status to AWOL on 12 September 2012
* DA Form 4187, dated 24 September 2012, changing his duty status from AWOL to present for duty on 24 September 2012
* DA Form 4187, dated 6 December 2012, changing his duty status from present for duty to confinement by civilian authorities on 28 November 2012

6.  On 7 November 2012, the applicant's immediate commander initiated discharge action against him for misconduct under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14.  The applicant was advised by consulting counsel of the basis for the contemplated separation action for misconduct, the type of discharge he could receive, the possible effects of this discharge, and the procedures and rights available to him.  He did not submit statements in his own behalf and waived his right to an administrative separation board.  He acknowledged he understood he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him and that he may be ineligible for many or all benefits as a veteran under both Federal and State laws.

7.  On 14 November 2012, the approval authority waived the requirement for rehabilitative measures and approved the applicant's discharge as initiated by his immediate commander.  He directed the issuance of a discharge under other than honorable conditions.

8.  On 6 December 2012, he was discharged accordingly under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (AWOL).  His service was characterized as under honorable conditions (general).  His DD Form 214 shows in:

* item 12f (Foreign Service) – 0000  00  00
* item 18 (Remarks) – BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20110215-20110717//MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS
* item 28 – MISCONDUCT (AWOL)
* item 29 (Dates of Time Lost During this Period) – 20120912-20120923 and 20121128-20121206 (12 September 2012-23 September 2012 and 28 November 2012-6 December 2012)

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation.  The instructions stated:

	a.  enter the total amount of foreign service completed during the period covered in item 12f;

	b.  for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18; and

	c.  enter the narrative reason for separation based on regulatory or other authority which can be checked against the cross reference in Army Regulation 
635-5-1 (Separation Program Designator Codes).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect foreign service credit was carefully considered and found to have some merit.

2.  Records do not corroborate the applicant was deployed to Afghanistan during the dates he contends, from 12 March 2012 through 23 October 2012.  His records contain orders, dated 15 March 2012, deploying him to Afghanistan in support of OEF on or about 15 March 2012.  Records further corroborate the applicant was medically evacuated from Landstuhl Regional Medical Center, Germany, to Madigan Army Medical Center, Fort Lewis, WA, in July 2012.

3.  DFAS records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 3 April 2012 through 31 July 2012, which is sufficient evidence to corroborate the through date of his deployment.  Therefore, it would be appropriate to add his foreign service in Afghanistan from 15 March 2012 to 31 July 2012 to item 12f and item 18 of his DD Form 214.

4.  The available evidence shows the applicant was properly and equitably discharged in accordance with the regulations in effect at the time.  There is no indication of procedural errors which would have jeopardized his rights.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

5.  Records reflect the applicant was AWOL on two occasions.  His discharge packet reflects he was properly notified of his separation under the provisions of paragraph 14-12c for being AWOL and item 28 of the applicant's DD Form 214 appropriately reflects his narrative reason for separation as misconduct (AWOL).  Therefore, there is no apparent error to correct regarding the annotation in item 28 of his DD Form 214.

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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  04  17" and

	b.  adding the entry "SERVICE IN AFGHANISTAN FROM 20120315-20120731" to item 18 of his DD Form 214.

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 correction of his DD Form 214 to reflect 


7 months of foreign service in Afghanistan from 12 March 2012 through 23 October 2012, and changing the narrative reason for his separation.



      _______ _   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)                                         AR20140018253



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ABCMR Record of Proceedings (cont)                                         AR20140018253



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