PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 March 2000
	DOCKET NUMBER:   AR1999028730

	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.  

	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 report of separation (DD Form 214) be corrected to reflect that he entered the service in 1980.

3.  The applicant states that he has been trying for 15 years to get his DD Form 214 corrected to reflect his service from 1980 to 1982 and his honorable discharge so that he may receive the benefits that are rightfully his.

4.  The applicant’s military records show that he enlisted on 18 March 1980 for a period of 3 years, training as a petroleum supply specialist, and assignment to Fort Carson, Colorado.

5.  On 16 December 1982 he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 17 December 1982 for a period of 4 years and assignment to Korea.

6.  On 25 April 1985 he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial and was improperly issued an uncharacterized discharge instead of the discharge under other than honorable conditions directed by the discharge authority.  His DD Form 214 indicates that he had entered the service on 18 December 1983, that he had 36 days of lost time, and that he was separated on temporary records.

7.  The applicant applied to the Army Discharge Review Board in February 1999 and his request was denied by that board on 19 March 1999.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be issued for immediate reenlistments in which there is no break in service.

9.  Army Regulation 635-200 serves as the authority for enlisted discharges.  It states, in pertinent part, that an uncharacterized discharge may be issued for discharges under the provisions of Army Regulation 635-200, chapter 10, provided the individual concerned is in an entry level status.  Normally, a discharge under other than honorable conditions is considered appropriate for discharge under that chapter.

CONCLUSIONS:

1.  The applicant clearly enlisted on 18 March 1980 and remained on active duty until he was discharged on 25 April 1985 with an uncharacterized discharge.  However, because he was separated on incomplete records, his DD Form 214 incorrectly reflects that he entered the service on 18 December 1983.

2.  Therefore, his records should be corrected to reflect that he entered the service on 18 March 1980 and that the appropriate computations of service be made.

3.  Although the applicant was improperly discharged with his service uncharacterized, it is the policy of this Board not to correct a record to reflect a change that will make the individual concerned worse off than before applying to the Board.  Therefore, the applicant’s service will remain uncharacterized.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned entered the service on 18 March 1980 with the appropriate computations and credit for all of his service.

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

BOARD VOTE:  

___hof __  __ewl___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Barbara J. Ellis_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028730	
SUFFIX		
RECON		
DATE BOARDED	2000/03/30	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	1982/12/16	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  190 	110.0100/CHG DATE	
2.		
3.		
4.		
5.		
6.