IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018484 


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:

	a.  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1988 to show his 
already-awarded Army Good Conduct Medal and the completion of a Reconnaissance and Commando (RECONDO) Course.

	b.  A copy of the DD Form 214 for his first term of service (20 April 1983 to 11 February 1987).

2.  The applicant states:

* he was awarded the Army Good Conduct Medal on 20 February 1987
* his completion of the RECONDO course was never added to his record
* based upon an earlier application to the Board, he was told he had two periods of service, one honorable and the other under other than honorable conditions
* if he had two separate blocks of service, he would like to have a DD Form 214 for that first honorable period

3.  The applicant provides:

* Army Good Conduct Medal Certificate
* Permanent Orders (PO) Number 21-26
* an extract from his DA Form 2-1 (Personnel Qualification Record - Part II)
* DA Form 87 (Certificate of Training) 
* letter, dated 2 February 2000, addressed to the applicant from the Army Review Boards Agency (ARBA)
* ARBA certificate showing the applicant was eligible for a complete and unconditional separation at the time of his discharge on 11 February 1987
* Honorable Discharge Certificate, dated 11 February 1987
* Orders Number 28-25

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 enlisted in the Regular Army on 20 April 1983.  After completing initial training, he was awarded military occupational specialty (MOS) 62J (General Construction Equipment Operator).  The highest rank/grade held was sergeant/E-5.

3.  On 11 February 1987, he was honorably discharged for the purpose of immediate reenlistment.  On 12 February 1987, the applicant reenlisted for a term of 3 years.  

4.  On 18 August 1987, the applicant left his unit at Fort Bragg, NC in an absent without leave (AWOL) status, and, on 18 September 1987, he was dropped from the rolls as a deserter.  He was apprehended by civilian authorities in International Falls, MN, and returned to military control on 17 December 1987.  

5.  On 11 January 1988, the applicant's commander preferred court-martial charges against him for being AWOL from 18 August 1987 to 17 December 1987.  

6.  Based upon the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), the separation authority approved his request on 19 January 1988.  The separation authority directed reduction to the lowest enlisted grade and the issuance of an under other than honorable discharge.  On 24 February 1988, the applicant was discharged accordingly.  His DD Form 214 showed he completed 4 years, 6 months, and 6 days of net active creditable service.

7.  A review of his official military personnel file (OMPF) did not reveal any DD Forms 214 other than the one for the period ending 24 February 1988.  His DA Form 2-1 does show he completed the RECONDO course in 1984.  It does not show, however, the award of the Army Good Conduct Medal.

8.  On 17 October 1997, the applicant applied to the Board requesting correction of the MOS shown on his DD Form 214.  The Board approved his request and amended his DD Form 214 by issuing a DD Form 215 (Correction of DD Form 214), dated 23 September 1998.  It showed the primary MOS 19K (M1 Abrams Armor Crewman) was changed to MOS 62J.

9.  On 4 May 1999, the applicant applied to the Army Discharge Review Board (ADRB) requesting upgrade of his under other than honorable discharge.  On 21 May 1999, the ADRB notified him his request had been denied.

10.  On 11 January 1999, the applicant applied to the Board requesting upgrade of his discharge. 

	a.  Although his request was denied, the Board did direct his period of honorable service from 20 April 1983 to 11 February 1987 be reflected.  

	b.  A DD Form 215 was issued on 2 February 2000 showing the addition of the following comment to item 18 (Remarks) of his DD Form 214:  "continuous honorable active service from:  830420-870211." 

	c.  Additionally, the Board issued the applicant a certificate which affirmed the applicant was eligible for a complete and unconditional separation at the time of his discharge on 11 February 1987.

11.  The applicant provides:

	a.  PO Number 21-26, dated 20 February 1987, issued by Headquarters, 573rd Personnel Service Company, showing the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 20 April 1983 to 19 April 1986.

	b.  A DA Form 87 (Certificate of Training) showing the applicant's successful completion of the RECONDO course during the period 4 October 1984 to 25 October 1984.

12.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policies and procedures for the use and completion of the DD Form 214.  

	a.  There is no requirement to complete a DD Form 214 in cases where Soldiers have been discharged for the purpose of immediately reenlisting.

	b.  The block addressing military education will show all formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 with a duration of at least 1 week or 40 hours.  Include title, length in weeks, and year completed.  Do not list training courses for combat skills (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show his award of the Army Good Conduct Medal (1st Award) and his successful completion of a RECONDO course.  

	a.  His record is void of any documentation showing the award of the Army Good Conduct Medal; however, the order provided by the applicant provides sufficient proof of this award.  It should therefore be added to his DD Form 214.

	b.  Within his record is a copy of the DA Form 87 showing successful completion of the RECONDO course, which is combat-related training.  Army Regulation 635-8, however, specifically states training courses for combat skills will not be listed on the DD Form 214.  As such, his DD Form 214 should not be amended to show this course.

2.  Regarding the applicant's request for a DD Form 214 showing his honorable service for the period ending 11 February 1987, his record does not show any other DD Forms 214 other than the one ending 24 February 1988.  

	a.  The regulation does not require a DD Form 214 to be issued in cases involving immediate reenlistment.

	b.  The DD Form 215 issued by the Board on 2 February 2000 was the appropriate document for reflecting the applicant's period of honorable service.  As such, no other document would be required.

	c.  Given that two DD Forms 215 have already been issued and additional corrections are being recommended, it would be appropriate to reissue a DD Form 214 that incorporates the changes made since the initial DD Form 214 was issued. 

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 voiding his one previous DD Form 214 and two DD Forms 215, and reissuing his DD Form 214 for the period ending 24 February 1988 incorporating the following corrections:

	a.  Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty)

* delete:  "19K1O, M1 ABRAMS ARMOR CREWMAN, 04 YEARS, 03 MONTHS//NOTHING FOLLOWS" 
* add:  "62J1O, GEN CONST EQUIP OPERATOR, 04 YEARS, 03 MONTHS//NOTHING FOLLOWS."

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), add the Army Good Conduct Medal (1st Award).

	c.  Item 18, add "CONTINUOUS HONORABLE ACTIVE SERVICE FROM:  830420-870211//NOTHING FOLLOWS"

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 providing the applicant a DD Form 214 for the period ending 11 February 1987.  




      _______ _   _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)                                         AR20140018484





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ABCMR Record of Proceedings (cont)                                         AR20140018484



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