PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2000                   
	DOCKET NUMBER:   AR2000040267

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 her Certificate of Release or Discharge from Active Duty, DD Form 214, for the period ending 13 September 1998 be corrected and that she receive formal paperwork releasing her from the U. S. Army Reserve (USAR). 

3.  The applicant states that item 8a of her DD Form 214 should read 310th Military Intelligence Battalion (MI Bn), 902d Military Intelligence Group; item 12d should read 5 months and 28 days; item 12e should read 2 years, 9 months and 2 days; item 12f should read unknown; item 14 should read Counterintelligence Agent Course; item 15a should read YES; and item 16 should read 12 ½ days. She states that all awards and decorations should be added to item 18 and that her reentry code in item 27 should be corrected.  Supporting evidence is as listed on the enclosure to the DD Form 149.

4.  The applicant’s military records (fiche only) show that she enlisted in the Army National Guard on 25 January 1992.  She was ordered to initial active duty for training (IADT) effective 14 July 1992 and was released from active duty for training on 11 December 1992 after completing 4 months and 28 days of active duty.

5.  On 26 October 1994, the applicant was honorably discharged from the Army National Guard and the USAR for the purpose of enlisting in the Regular Army, in pay grade E-4, on 27 October 1994 for 5 years.  She completed the Counterintelligence Agent course in August 1995.

6.  On 13 September 1998, the applicant was separated due to completion of her required active service after completing 3 years, 10 months and 17 days of creditable active service for that period.  Her DD Form 214, item 4 shows her rank and grade as Private First Class (PFC), E-3 and item 12h shows her date of rank as 20 May 1998.  (There is no record of nonjudicial punishment on her fiche; the reduction may have been the result of summarized proceedings filed at the unit only.)  Item 8a shows her last duty assignment and major command as 0310 MI BN CI AS (“AS” being the command code for the U. S. Army Intelligence and Security Command).  The evidence of record shows she was assigned to the 310th MI Bn (Counterintelligence) at the time of her separation.  Item 12d shows her total prior active serve as 4 months and 28 days, the same as is shown on her IADT DD Form 214.  Item 12e shows her total prior inactive service as          2 years, 4 months and 4 days (i. e., her total service for pay of 2 years, 9 months and 2 days minus her prior IADT of 4 months and 28 days).  Item 12f shows she had no foreign service.  Item 13 shows she was awarded the Army Achievement Medal (AAM), the Army Good Conduct Medal (AGCM), the National Defense Service Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with rifle bar and the Army Lapel Button.  Her fiche shows she was awarded the AAM and the AGCM.  Item 14 shows she attended the Counterintelligence Assistant course.  Item 15a shows she did not contribute to the post-Vietnam era Veteran’s Educational Assistance Program (VEAP).  Item 
16 shows she was paid for no days accrued leave.  Item 26 shows her separation code as LBK and item 27 shows her reentry code as 3, a waivable disqualification.  

7.  Orders 038-139, Adjutant General’s Department, Austin, TX dated 7 February 2000 show the applicant was honorably discharged from the Army National Guard and the USAR effective 25 January 2000.

8.  On 6 September 2000, the Texas Army National Guard stated that they had no record of preparing an Honorable Discharge Certificate upon the applicant’s discharge in January 2000.

9.  VA Pamphlet 80-98-1, Federal Benefits for Veterans and Dependents, informs veterans and dependents of the variety of federal benefits available.  In pertinent part, it states that servicepersons were eligible to enroll in the VEAP if they entered active duty for the first time after 31 December 1976 and before 1 July 1985.  The MGIB provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge.

10.  Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating soldiers from active duty, and the separation program designator codes to be entered on the DD Form 214.  In pertinent part, it states that code LBK is given for an involuntary release from active duty or transfer and is used for a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment.

11.  Army Regulation 601-210 governs eligibility criteria for enlistment of persons into the Regular Army and the USAR.  In pertinent part it states that the term of enlistment, when added to previous Active Federal Service (AFS), of an individual eligible to enlist as a PFC with or without a waiver or grade determination will not exceed more than 5 years of AFS.

CONCLUSIONS:

1.  The Board concludes that in all respects except one the applicant’s DD Form 214 for the period ending 13 September 1998 is correct.

2.  Item 8a – there is no evidence of record to show the 310th MI Bn was connected to the 902d Intelligence Group.  It may have been; however, there is no requirement to enter the soldier’s unit of assignment’s major subordinate command in this item.  

3.  Item 12d – the evidence of record shows the applicant completed 4 months and 28 days of prior active service.  She provides no evidence to show otherwise.  Item 12e – this entry is correct because her prior active service must be subtracted from her total service for pay of 2 years, 9 months and 2 days to determine her total prior inactive service.  Item 12f – there is no evidence of record to show the applicant served overseas during the period covered by this DD Form 214; therefore, the entry of 00 years, 00 months, and 00 days is correct.  “Unknown” is not a valid entry and the applicant provides no evidence to show she ever served overseas during this period.

4.  Item 13 – the evidence of record shows the applicant was awarded the AAM and the AGCM in addition to her normal service awards and that they are listed on her DD Form 214.  She provides no evidence to show she was awarded any other awards.

5.  Item 14 – the evidence of record shows this entry is incorrect.  The correct title of the course was Counterintelligence Agent Course, not Counterintelligence Assistant Course.

6.  Item 15a – the evidence of record shows this entry is correct.  The applicant may have enrolled in the MGIB, a separate program from the (post-Vietnam era) VEAP.  She did not enter active duty until the VEAP ended.  The DD Form 214 is only meant to capture data on those who had contributed to the VEAP.

7.  Item 16 – the applicant provides no evidence to show she was paid for any days accrued leave.  In the absence of evidence to the contrary, the Board presumes that this entry is correct.

8.  Item 27 – the evidence of record shows this entry is correct.  The applicant separated in the rank and grade of PFC, E-3.  The minimum term of enlistment is 2 years.  She had completed over 3 years and 10 months of AFS upon her separation.  Since a PFC’s term of enlistment when added to his or her previous AFS may not exceed 5 years AFS, the applicant would need a waiver in order to reenlist.  Therefore, a reentry code of 3, disqualified from reenlistment but the disqualification is waivable, is correct.

9.  Orders 038-139, Adjutant General’s Department, Austin, TX dated 7 February 2000 show the applicant was discharged from the Army National Guard and the USAR effective 25 January 2000, at the end of her military service obligation.  The applicant is not clear on what she means by requesting “formal paperwork” releasing her from the Army Reserve.  However, it appears that her Honorable Discharge Certificate may not have been prepared and that this is the “formal paperwork” to which she is referring.  It would be appropriate to issue her an Honorable Discharge Certificate if it has not already been issued.

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 for the period ending13 September 1998, item 14 be corrected to read Counterintelligence Agent Course (97B) 17 weeks, 1995.

2.  That the applicant be issued an Honorable Discharge Certificate if appropriate.

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

BOARD VOTE:  

__cmf___  __fe____  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040267	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.