IN THE CASE OF:	 

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20150009610 


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 pay grade, separation code, address, reentry (RE) code, and characterization of service. 

2.  The applicant states the captain forged his signature on the paperwork.  He did not get to see legal prior to the discharge. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 7 November 2013
* notification of separation action memorandum
* acknowledgement and election of right statement
* page 1 of the commander's separation action

CONSIDERATION OF EVIDENCE:

1.  With respect to the characterization of service, separation code, RE code, and characterization of service:  

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider an application if it determines that the member has not exhausted all administrative remedies available to him/her.

	b.  On 5 June 2015, the Army Discharge Review Board (ADRB) denied his request to change his RE code, characterization of service, and narrative reason for separation.  A copy of the ADRB decisional document was mailed to him.  He was advised by letter that he could appeal the ADRB decision by requesting a personal appearance hearing before them.  As such, he has one more opportunity to seek relief through the ADRB.  Therefore, the aforementioned corrections will not be addressed further by this Board.  

2.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) in the rank/grade of private (PV1)/E-1 on 12 April 2011.  He was discharged from the DEP on 14 November 2011 and enlisted in the Regular Army on 15 November 2011.

3.  He completed basic combat training at Fort Jackson, SC and he was reassigned to Fort Lee, VA, on or about 17 February 2012 for completion of advanced individual training.  

4.  On 3 April 2012, the applicant's immediate commander recommended his separation from active duty under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Administrative Separations) by reason of inability to adjust to military service.  He was advised of his rights. 

5.  On 3 April 2012, the separation authority approved his separation and ordered his discharge be uncharacterized (entry level separation).  Accordingly, the applicant was discharged on 6 April 2012.  His DD Form 214 shows he completed 4 months and 22 days of active service.

6.  He enlisted in the USAR on 17 April 2013 in the rank/grade of PV1/E-1.  He was subsequently ordered to initial active duty for training (ADT) at Fort Lee, VA, for completion of training in military occupational specialty (MOS) 15G (Aircraft Structural Repairer).  He was advanced to private two (PV2)/E-2 on 30 April 2013.

7.  He attended MOS training at D Company, 1st Battalion, 222nd Aviation Regiment, Fort Eustis, VA.  However, he was eliminated from this training course due to academic failure.  His contract was renegotiated and he was approved for reclassification and training in MOS 74D (Chemical, Biological, Radiological, and Nuclear Specialist). 

8.  The complete facts and circumstances surrounding his discharge are not available for review.  However, he provides: 

	a.  A notification of proposed separation action memorandum informing him of the commander's intent to initiate separation action against him under the provisions of paragraph 5-17 of Army Regulation 635-200 by reason of "condition, not a disability."  

	b.  An acknowledgement and election of rights statement, dated 17 October 2013, that show he acknowledged receipt of the separation notification memorandum and subsequently consulted with legal counsel.  He was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.  He acknowledged he understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  

	c.  The first page of the commander's memorandum initiating separation against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a condition, not a disability.  

9.  On 6 November 2013, Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, published Orders 310-1306 ordering his discharge from active duty effective 7 November 2013 in accordance with Army Regulation    635-200.  The orders listed his rank as PV2. 

10.  He was discharged on 7 November 2013.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a physical condition, not a disability, with a general discharge.  His DD Form 214 shows in: 

* Item 4a (Grade, Rate or Rank), PV2
* Item 4b (Pay Grade), E-2
* Item 12a (Date Entered Active Duty This Period), 9 May 2013
* Item 12b (Separation Date This Period), 7 November 2013
* Item 12c (Net Active Service This Period), 0000-05-29 (years-months-days)
* Item 12d (Total Active Prior Active Service), 0000-00-00 (years-months-days)
* Item 12i (Effective Date of Pay Grade), 30 April 2013
* Item 19a (Mailing Address After Separation), 119 Moxxxxxxxxx Dr, Elizabeth City, NC, 27909

11.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents.  Chapter 5 provides for the processing of the DD Form 214.  

	a.  Item 4, enter and verify that active duty grade or rank and pay grade are accurate at time of separation. 

	b.  Item 12a, the data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record.  Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  

	c.  Item 12b, enter the Soldier’s transition date.  This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government.

	d.  Item 12c, enter amount of service this period, computed by subtracting block 12a from 12b (less lost time). 

	e.  Item 12d, from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any.  If not applicable, enter "00-00-00."

	f.  Item 12i, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade. 

	g.  Item 19a, the data source is as provided by the Soldier.  This address must be a permanent address.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR in the rank/grade of PV1/E-1 on 17 April 2013.  He was promoted to PV2/E-2 on 30 April 2013.  He entered active duty in the rank/grade of PV2/E-2 on 9 May 2013 and he was discharged from active in this same rank/grade of PV2/E-2.  There is no evidence in his records and he provided none to show he was advanced beyond this rank/grade.  His DD Form 214 correctly listed his rank, grade, and effective date of pay grade.  

2.  He entered active duty on 9 May 2013 and he was discharged on 7 November 2013.  He completed 5 months and 29 days of active service.  While his total active service this period is correctly listed as 5 months and 29 days, he was not credited with any prior service.  He previously completed 4 months and 22 days of active service that should have been listed in item 12d.  He is entitled to correction of his DD Form 214 to show his prior active service. 

3.  The entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.  The applicant appears to have provided the permanent mailing address that is shown on his DD Form 214.  He also digitally authenticated the DD Form 214 by placing his signature in the proper block.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's mailing address and the address of the nearest relative listed on his DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing either.  Therefore, he is not entitled to the requested relief.

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 deleting from item 12d the entry "0000-00-00" and adding the entry "0000-04-22." 

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 correction of his pay grade and mailing address. 


      _______ _   _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)                                         AR20150009610



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ABCMR Record of Proceedings (cont)                                         AR20150009610



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