PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 January 2000                   
	DOCKET NUMBER:   AR1999028357

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Margaret V. Thompson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his general discharge under honorable conditions be upgraded to honorable.  He also requests assistance in obtaining a complete copy of his personnel files (he would like to know if a copy of his E-5 promotion board results are filed in his records) and a correction to his DD Form 214 to show he completed the Primary Leadership Development Course (PLDC).

3.  The applicant states that he started the process to upgrade his discharge in 1984.  (His DD Form 149 dated 2 November 1984 requests that his reenlistment code be upgraded so he could re-enlist in the U. S. Army Reserve and that the narrative reason for his discharge be upgraded.)  He received an answer from the U. S. Army Reserve Components Personnel and Administration Center stating they could not grant relief and his application was being forwarded to this Board.  That was the last he heard of his case.  Supporting evidence is as listed on the attachment to the DD Form 149.

4.  The applicant’s military records show that he enlisted in the Regular Army on 4 September 1979.  He was honorably discharged on 18 April 1982 for the purpose of immediately reenlisting on 19 April 1982.

5.  The applicant completed PLDC on 12 November 1982.  

6.  Between November 1982 and June 1983, the applicant received 7 counseling statements for such infractions as failure to repair, failure to comply with established procedures and disrespect to a superior non-commissioned officer.

7.  On or about 20 May 1983, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ)
for wrongfully possessing some amount of methamphetamine and for failing to go to his appointed place of duty.  He appealed the punishment.  He stated he never denied being in possession of the substance.  He had found a packet on the ground outside the barracks and placed it in his pocket intending to turn it over to someone after the alert was over.  He denied wrongful possession.  The appeal was denied.  

8.  On 7 June 1983, the applicant accepted NJP under Article 15, UCMJ for three specifications of failing to go to his appointed place of duty.

9.  On 9 June 1983, the applicant completed a mental status evaluation and was found to have the mental capacity to understand and participate in proceedings.

10.  On 13 June 1983, the applicant’s commander notified him he intended to separate him under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance.  

11.  On 16 June 1983, the applicant was advised by consulting counsel of the basis for the contemplated action to accomplish his separation.   He elected not to submit a statement in his own behalf.  

12.  On 17 June 1983, the applicant’s commander recommended he be discharged for unsatisfactory performance.  He noted the applicant’s two Article 15s and his lack of interest in the Army as manifested by his failing to report to his appointed place of duty.

13.  On 21 June 1983, the appropriate authority approved the recommendation and directed the soldier be issued a general discharge.

14.  On 29 June 1983, the applicant was discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance, with a general discharge.  He had completed 3 years, 9 months and 26 days of creditable active service and had no lost time.  His DD Form 214, item 14, does not show he completed PLDC.  There is no evidence of record to show the applicant appeared before an E-5 promotion board.

15.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 of that regulation provides, in pertinent part, that a member may be separated when it is determined that he or she is unqualified for further military service because of unsatisfactory performance.  Commanders will separate a soldier for unsatisfactory performance when it is clearly established that, in the commander’s judgment, the soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

16.  The Department of Veterans Affairs (VA), in determining qualifications for benefits administered by that agency, generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.

17.  The Board is not the records custodian and so cannot consider the applicant’s request for a complete copy of his personnel records.

CONCLUSIONS:  

1.  The applicant’s administrative separation was accomplished in accordance with applicable laws and regulations in effect at the time of his separation.  

2.  The applicant’s record of disciplinary infractions, although for the most part relatively minor, do not warrant an upgrade to a fully honorable discharge and it would not be appropriate to change the records to show that he was discharged honorably from the reenlistment commencing on 19 April 1982.  However, it appears that his honorable discharge of 18 April 1982 should be considered as having been issued as a complete and unconditional separation.

3.  The circumstances of the applicant’s honorable discharge on 18 April 1982 may work an injustice upon him by depriving him of consideration for certain VA benefits for the preceding period of service.

4.  The applicant’s DD Form 214, item 14 should be amended to reflect attendance at PLDC.

5. The applicant should request a copy of his records from the National Archives Records Administration, Army Reference Branch, 9700 Page Avenue, St. Louis, MO  63132-5100.

6.  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 all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 18 April 1982.

2.  That the applicant’s DD Form 214, item 14 be amended to add Primary Leadership Development Course – 4 weeks (Nov 1982).

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

BOARD VOTE:  

__emw___  __ewl___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028357	
SUFFIX		
RECON		
DATE BOARDED	20000113	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19830629	
DISCHARGE AUTHORITY	AR 635-200, Ch 13. . . . .  	
DISCHARGE REASON	A92.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.