PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           27 June 2000
	DOCKET NUMBER:   AR2000040837

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter L. Morrison		Member	
	Mr. Curtis L. Greenway		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 be upgraded to honorable.  He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Overseas Service Ribbon, the Parachutist Badge and the Air Assault Badge.

3.  The applicant states that he wants his discharge changed because he is exceptionally proud of his military service and believes that he has suffered enough humiliation and shame from a general discharge.  He is now older, wiser and more mature and has nothing but regret.  In support of his request, the applicant submits copies of his DD Form 214, certificate of Airborne Course completion, and certificate of Air Assault training.

4.  The applicant’s military records show that he was appointed a Reserve commissioned officer in the rank of Second Lieutenant, Military Police (MP) Corps, on 6 March 1990.  His initial assignment was to an MP company at Fort Wainwright, Alaska. 

5.  On 26 October 1990, the applicant successfully completed airborne training at Fort Benning, Georgia.  Headquarters, U.S. Army Infantry Center and Fort Benning issued Permanent Orders 200-13 awarding him the Parachutist Badge.

6.  On 7 August 1991, the applicant successfully completed the Air Assault School conducted at Fort Richardson, Alaska.  There are no orders in his military records awarding him the Air Assault Badge.

7.  On 19 February 1992, the Assistant Division Commander, 6th Infantry Division, a brigadier general, issued the applicant a memorandum of reprimand (MOR) for using abusive, demeaning and threatening language to senior NCOs, and for breaking into his ex-wife’s apartment and causing over $1000.00 in damage.  The applicant acknowledged receipt of the MOR and elected not to make a statement.

8.  Also on 19 February 1992, the applicant tendered his resignation under the provisions of Army Regulation 635-120, chapter 3, due to circumstances related to his divorce.  He stated that he understood that his resignation, if accepted, would be under honorable conditions and that he would be furnished an Honorable or General Discharge Certificate, as determined by Headquarters, Department of the Army (HQDA).

9.  On 3 April 1992, the applicant’s resignation was approved by HQDA with the issuance of a General Discharge Certificate.

10.  The applicant was discharged on 6 April 1992 with 1 year, 11 months and 16 days of creditable active service.  His DD Form 214, which he refused to sign, shows he served 1 year, 4 months and 17 days overseas.  His awards and decorations are shown as Army Service Ribbon and National Defense Service Medal.

11.  On 11 February 2000, the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge.

12.  Army Regulation 635-120 sets forth the basic authority for the separation of officer personnel from the active Army.  Chapter 3 provides the policies and procedures for officers requesting unqualified resignation for miscellaneous reasons.

13.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

14.  Army Regulation 614-30, Overseas Service, specifies the normal tour length for Alaska as 36 months.

15.  Army Regulation 600-8-22 also provides, in pertinent part, that the Air Assault Badge is awarded upon satisfactory completion of an air assault training course according to the Army Training and Doctrine Command standardized Air Assault Core Program of Instruction.

CONCLUSIONS:

1.  The applicant’s discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  His request for resignation was properly submitted to HQDA and, upon review of the facts and circumstances, approved with the issuance of a general under honorable conditions discharge.  The applicant’s characterization of service was appropriate; the quality of his service was not consistent with Army standards for acceptable personal conduct and performance of duty.

2.  The evidence confirms that the applicant was awarded the Parachutist Badge. The evidence also confirms that he met the qualifications for award of the Air Assault Badge.

3.  The normal overseas tour in Alaska is 36 months.  The applicant only served 17 months and, therefore, does not meet the criteria for the Overseas Service Ribbon.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the Parachutist Badge and the Air Assault Badge.

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

BOARD VOTE:  

__mdm__  __wtm__  __clg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mark D. Manning__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040837	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19920406	
DISCHARGE AUTHORITY	AR635-120 CH3	
DISCHARGE REASON	A80.00	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.