IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150000600 


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 her records to show the part of her service from 23 February 1982 to 22 February 1985 as honorable. 

2.  The applicant states the record is unjust because the time period in question ended honorably. 

3.  The applicant does not provide any additional evidence. 

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 she enlisted in the Regular Army (RA) on 23 February 1982 and she held military occupational specialty 71L (Administrative Specialist).  She was discharged on 7 February 1985 and reenlisted in the RA on 8 February 1985.  She was assigned to Fort Benning, GA. 

3.  On 12 March 1985, she accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being incapacitated for the proper performance of duties due to her previous indulgence in drugs.  She was reduced to private first class/E-3.  She appealed but her appeal was denied. 

4.  On 7 August 1986, her commander initiated a Bar to Reenlistment Certificate against her citing her misconduct which included numerous letters of indebtedness to her family and other institutions.  She was provided with a copy of this bar but elected not to submit a statement on her own behalf.  The bar was ultimately approved. 

5.  On 3 April 1987, she was convicted by a special court-martial of one specification of willful dereliction of duty and one specification of willfully and unlawfully altering a public record.  The court sentenced her to a bad conduct discharge, a forfeiture of $400 pay per month for 2 months, and reduction to the lowest enlisted grade.

6.  On 8 May 1987, the convening authority approved the sentence and, except for the bad conduct discharge, ordered the sentence executed.  The record of trial was forwarded to The Judge Advocate General of the Army for appellate review.

7.  In or around December 1987, the U.S. Army Court of Military Review affirmed the approved findings of guilty and the sentence.

8.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Court-Martial Order Number 1, dated 8 January 1988, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant's bad conduct discharge duly executed.  The applicant was accordingly discharged on 24 February 1988.  

9.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged as a result of court-martial in accordance with Army Regulation 635-200 (Personnel Separations) with a bad conduct discharge.  This form further shows she completed 5 years, 11 months, and 18 days of creditable military service during this period and she had lost time from 9 to 16 March 1987, 21 to 23 March 1987, and 11 to 12 May 1987.  Her DD Form 214 also shows in Item 18 (Remarks) the entry "Immediate reenlistments this period 820223-850207" and another entry related to excess leave. 

10.  Army Regulation 635-200 provides for the separation of enlisted personnel:

	a.  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.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 18 of the version in effect at the time was used for entries required by Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  

	a.  Reenlistments: Enter list of reenlistment periods for which a DD Form 214 was not issued, if applicable.  For example, "Immediate reenlistments this period: 761218-791001; 791002-821001."  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except "Honorable," the following statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form was not issued, such as 761218) until (date before commencement of current enlistment, such as 821001)"; then enter the specific periods of reenlistments as prescribed above.

	b.  Excess leave: enter the total number of days and inclusive dates of excess leave status, e.g.; Excess leave (creditable for all purposes except pay and allowances)--10 days: 870515--870524." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed one period of enlistment and part of a period of reenlistment.  She was issued a DD Form 214 that captured her entire active service from entry on active duty to discharge.  The Army had discontinued the issuance of a separate DD Form 214 for each period of enlistment or reenlistment in October 1979.

2.  However, the regulation stipulated that for Soldiers who had previously reenlisted without being issued a DD Form 214 and who were being separated with any characterization of service except "Honorable," this statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued) until (date before commencement of current enlistment)." 

3.  Therefore, item 18 of the applicant's DD Form 214 should be corrected to show her honorable service from date of enlistment (23 February 1982) to the date prior to her reenlistment (7 February 1985 - not 22 February 1985 as she contends).  

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 adding to item 18 of her DD Form 214 the entry "Continuous Honorable Active Service from 23 February 1982 until 7 February 1985." 

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 showing she had honorable service until 22 February 1985.

      
      _______ _   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)                                         AR20150000600





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ABCMR Record of Proceedings (cont)                                         AR20150000600



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