PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000045645

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, 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 Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his prior service.

3.  The applicant states, in effect, that he had 2 years, 4 months and 3 days of prior active service.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 24 February 1987.  He was honorably discharged on 27 June 1989 for the purpose of immediately reenlisting on 28 June 1989.

5.  On 27 July 1990, court-martial charges were preferred against the applicant charging him with absenting himself from his unit without authority on or about    1 May 1990 and absenting himself from his unit on or about 30 May 1990 with intent to remain away therefrom permanently until he was apprehended on or about 27 July 1990. 

6.  After consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.  The appropriate authority approved the request.

7.  On 17 August 1990, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  His DD Form 214 shows that he first entered active duty on 24 February 1987 and had completed 3 years, 3 months and 28 days of creditable active service for that period with no prior active service.  Item 18 shows that he had an immediate reenlistment 24 February 1987 – 27 June 1989. 

8.  Effective 1 October 1979, the requirement to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended.

9.  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.

CONCLUSIONS:  

1.  Since a DD Form 214 was not required to be prepared at the time of the applicant’s reenlistment on 28 June 1989, his entire service was properly accounted for on the DD Form 214 he was issued when he was discharged.
However, it appears that his honorable discharge of 27 June 1989 should be considered as having been issued as a complete and unconditional separation.

2.  The circumstances of the applicant’s honorable discharge on 27 June 1989 may work an injustice upon him by depriving him of consideration for certain VA benefits for the preceding period of service.

3.  In view of the foregoing, it would be appropriate 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 27 June 1989.

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

BOARD VOTE:  

__jh____  __hof___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045645	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.