PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 March 2001
	DOCKET NUMBER:   AR2000043032

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	
	Mr. Richard T. Dunbar		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 records be corrected to reflect his correct date of birth (DOB), foreign service and date of rank (DOR) and that he be awarded the Good Conduct Medal (AGCM) and given an honorable discharge.

3.  The applicant states, in effect, that his discharge should not have been uncharacterized because he was not an entry level soldier.  He also states that his DOB on his report of separation (DD Form 214) is incorrect, his foreign service is missing because he served in Operation Joint Endeavor, and his DOR should be 7 February 1997.  In support of his application he submits a copy of his birth certificate showing his DOB as 9 July 1965 and DD Forms 214 for all of his periods of active duty.  

4.  The applicant’s military records show that the applicant enlisted in the California Army National Guard for training as a military policeman and at the time his contract was prepared it showed his DOB as 9 July 1965.  He served on active duty for training (ADT) from 3 October 1995 to 16 February 1996 when he was honorably released from ADT and was returned to his unit.  His DOB as depicted on his DD Form 214 at the time shows that his DOB is 9 July 1965. 

5.  He was ordered to active duty on 16 January 1997 in support of Operation Joint Guard and served on active duty until 18 September 1997 when he was honorably released from active duty and was returned to his National Guard unit. His DD Form 214 shows that he served 7 months and 16 days of overseas service and that his DOB is 9 July 1965.  It also shows that his DOR in the pay grade of E-4 was 2 February 1997.

6.  He enlisted in the Regular Army on 29 November 1999 in the pay grade of    E-4 for a period of 4 years and training as a multi-channel equipment repairman. His enlistment contract shows his DOB as 9 July 1965 and it contains an acknowledgement from the applicant that he understood that his DOR would be adjusted at his first duty station.  His DOR was adjusted to coincide with his entry on active duty in the Regular Army.

7.  On 20 April 2000, while attending advanced individual training (AIT), the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.  He had served 4 months and 22 days of active service during his Regular Army enlistment and had 1 year and 17 days of prior active service while assigned to the Reserve Component.  His DD Form 214 indicates that his DOB was 5 May 1965, that he had no foreign service        (block 12f) and that his DOR (block 12h) in the pay grade of E-4 was 29 November 1999, the date he entered the Regular Army. 

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only foreign service completed during the period covered by the DD Form 214 will be entered in block 12f.

9.  Army Regulation 600-8-22  prescribes Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of continuous service of less than 3 years but more than 1 year of continuous service qualifies for award of the AGCM.

10.  Army Regulation 601-210 provides the criteria for enlistment into the Regular Army.  It states, in pertinent part, that persons enlisting in the Regular Army in the pay grade of E-4 or above will have their DOR determined by the Total Army Personnel Command (PERSCOM). 

11.  Army Regulation 635-200 serves as the authority for the discharge of enlisted personnel.  It states, in pertinent part, that for Regular Army soldiers, entry level status is the first 180 days of continuous active duty following a break of more than 92 days of active military service.

CONCLUSIONS:

1.  The available evidence of record indicates that the applicant was properly issued an uncharacterized separation in accordance with the applicable regulation. 

2.  However, at the time of separation, the applicant’s DOB was improperly depicted on his DD Form 214.  Therefore, it would be in the interest of justice to correct this administrative error at this time.

3.  The applicant’s contention that his DOR is incorrect appears to be without merit.  His enlistment contract clearly stated that his DOR would be adjusted at his first duty station and he acknowledged it with his initials and signature.  Inasmuch as he has failed to show that his DOR was improperly adjusted, there is no basis to adjust his DOR back to his original DOR while he was serving in the Reserve Component.

4.  The applicant’s contention that he should have been awarded the AGCM also appears to be without merit.  There is no automatic entitlement to the AGCM and the applicant clearly does not meet the regulatory requirements for award of that medal.  Therefore, there is no basis to award him one at this time.

5.  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 on the DD Form 214 dated 20 April 2000 that the DOB of the individual concerned is 9 July 1965 instead of 5 May 1965, as currently depicted.

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

BOARD VOTE:  

___ew___  __tos ___  __rtd ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ernest M. Willcher_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043032	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000/CORR DOB	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.