1.  The applicant requests that his DD Form 214 be corrected to show he completed college while in the service, to show all medals and ribbons awarded him, to delete the “Prisoner Personnel Officer” line from block 30, and to review block 24, Disability Severance Pay.  He states, in effect, that when the court-martial charges were dismissed and all rights, privileges and property of which he had been deprived were restored, that should also have meant the right to a future life.

2.  The applicant’s military records show he was born on 31 December 1957.  He enlisted in the Regular Army on 29 January 1975 when he was 17 years old.

3.  On 28 July 1976, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

4.  On 17 December 1976, the applicant was convicted by a general court-martial of being absent without leave (AWOL), larceny and unlawful entry with intent to commit larceny.  He was sentenced to a dishonorable discharge, confinement at hard labor for 2 years, forfeiture of all pay and allowances, and reduction to pay grade E-1.  

5.  On 20 January 1978, the findings of guilty and the sentence were set aside.  All rights, privileges and property of which the applicant had been deprived by virtue of the findings of guilty and the sentence so set aside were to be restored. (The documentation pertaining to the dismissal of charges is not available.)

6.  On 1 March 1978, the applicant was discharged under honorable conditions, for completing his required service, in pay grade E-3.  He had completed            3 years, 1 month and 3 days of creditable active service and had no lost time.  His DD Form 214 makes reference to his general court-martial orders in the remarks block.

CONCLUSIONS: 

1.  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, it appears that the DD Form    214 as it has been prepared, although correct by regulation, does the applicant an injustice.

2.  This Board does note that the applicant has an extensive post-service history of law enforcement problems (such evidence supplied by the applicant), but feels that that should not detract from the injustice that was done to him in the circumstances surrounding the issuance of this DD Form 214.  Neither does this Board feel that his law enforcement problems were the result of his receiving this DD Form 214 

3.  The applicant’s period of service prior to his general court-martial was not unblemished; an under honorable conditions discharge is appropriate.

4.  The applicant was assigned to the U.S. Disciplinary Barracks, Fort Leavenworth, KS, at the time of his discharge.  This should not be changed and it should not present any further difficulties in his civilian life than it would any one else assigned there as permanent party (as opposed to assigned there as a prisoner).

5.  Evidence in the records shows the applicant completed two years of high school.  He has not presented any evidence to show he completed any other civilian education during his period of service.

6.  The applicant was not medically unfit for military duty at the time of his discharge and so would not have been entitled to disability severance pay.

7.  The only other award noted in the applicant’s records is the Sharpshooter Badge (Hand Grenade).

8.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That the applicant be issued a new DD Form 214, with care taken to ensure the Authority and Reason block does not state “see Rmks,” that the Type of Certificate Issued block shows “DD Form 257A,” and that the Remarks block makes no reference to his court-martial.  The Sharpshooter Badge (Hand Grenade) will be added to the Decorations block.

2.  That the applicant be issued a General Discharge Certificate from the Army of the United States, dated 1 March 1978, if there is no record that one has already been issued.

3.  That once the applicant receives his new DD Form 214, he apply to the VA to receive medical benefits or any other veteran’s benefits to which he feels entitled and which may have been denied him in the past.

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

 			                                                                         				 	                                    CHAIRPERSON