PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 22 February 2001            
	DOCKET NUMBER:        AR2000049454

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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 correction of his DD Form 214 (Report of Separation from Active Duty) to show he entered active duty in the rank of private first class (PFC)/pay grade E-3, correction of his time in service, and correction of his records to show all the awards to which he is entitled.  In addition, the applicant requests that his general discharge under honorable conditions be upgraded.

3.  The applicant states that his discharge document is not what it should be and that he was promised the rank of PFC upon completion of the “Minute Man” program.  He contends that his DD Form 214 does not reflect all of his awards to include the “rifle marksmanship” (correctly known as the Marksmanship Qualification Badge with Rifle Bar).  In support of his application, he submits two DD Forms 214, four NGB Forms 22 (Report of Separation and Record of Service in the Army National Guard), his DD Form 4 (Enlistment or Reenlistment Agreement), his DA Form 20 (Enlisted Qualification Record) and a copy of his National Guard Bureau Retirement Credits Record.

4.  The Disabled American Veterans Office, as counsel for the applicant, stated that there are some definite issues that must be addressed with the applicant’s claim.  Counsel states that the applicant contends that he should be awarded an upgrade of his general discharge to honorable as well as the establishment of all medals not listed on his DD Form 214 to include the “marksmanship medal”.  Further, counsel states that the applicant is an honorable man who now asks that these corrections be made and that a new DD Form 214 be issued to reflect these changes.

5.  The applicant’s military records show that he served in the Army National Guard (ARNG) and the U.S. Army Reserve (USAR) from January 1962 to August 1974.  He enlisted in the Regular Army on 12 April 1976, completed basic and advanced individual training and served in Germany from 24 July 1976 through 10 November 1976 as a cook.  The applicant was discharged on 11 November 1976 under the provisions of Army Regulation 635-200, chapter 5, the Expeditious Discharge Program (EDP).

6.  The applicant’s DD Form 4 (Enlistment or Reenlistment Agreement) shows he entered active duty on 12 April 1976 in pay grade E-2.  His DD Form 214, with an effective date of 11 November 1976, shows he was discharged in pay grade E-2 with a date of rank of 12 April 1976.  

7.  Item 18(a) of the applicant’s DD Form 214, with an effective date of 11 November 1976, shows he completed 7 months net active service.  

8.  Item 18(b) of the applicant’s DD Form 214, with an effective date of 11 November 1976, shows no prior active service.  However, his records show that he completed 6 months of active duty for training while he was a member of the Army National Guard. 
9.  Item 18 (d) of the applicant’s DD Form 214, with an effective date of 11 November 1976, shows he completed 27 days of prior inactive service.  Item 27of his NGB Form 22, with a separation date of 30 August 1974, shows he completed 9 years, 11 months and 24 days total service for pay purposes.  However, this period of service is not shown on his DD Form 214.

10.  The applicant’s DD Form 214, with an effective date of 11 November 1976, shows the entry “None” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he qualified as Expert with the M-16 Rifle on 26 April 1976.  There is no evidence of record which shows entitlement to any other awards.

11.  On 8 October 1976, the applicant was notified of proposed discharge under the provisions of Army Regulation 635-200, chapter 5, Expeditious Discharge Program based on his substandard appearance, conduct, and performance of assigned tasks since his assignment to the unit.  The applicant acknowledged the notification, voluntarily accepted discharge from the U.S. Army and elected not to submit a statement in his own behalf.  He also acknowledged that he might encounter substantial prejudice in civilian life and that he had been provided the opportunity to consult with a Judge Advocate Officer.  

12.  The separation authority approved the recommendation for discharge and directed a General Discharge Certificate be issued.  The applicant was discharged on 11 November 1976 under the provisions of Army Regulation 635-200, chapter 5, the Expeditious Discharge Program.  He had 7 months and 0 days of creditable service.  

13.  There is no evidence available to the Board which shows the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

14.  Army Regulation 601-210, at paragraph 3-17(b)(1), provides that a service member who was last separated from any Regular Component in grades E-1 
through E-3, and enlists at any time after separation, the enlistment grade will be determined by the Commanding General (CG) of the Personnel Command (PERSCOM).  

15.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the net service will be entered in the appropriate item of the DD Form 214.  

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

17.  Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Paragraph 5-37 provided, in part, for the discharge of enlisted personnel whose performance of duty and potential for continued effective service fell below the standards required in the Army.  Individuals discharged under that regulation could be issued a general or honorable discharge.

CONCLUSIONS:

1.  Evidence of record shows the applicant entered active duty on 12 April 1976 and, at that time, his pay grade was determined to be E-2.  

2.  Notwithstanding the applicant’s contention that he was promised the rank of PFC/E-3 upon completion of the “Minute Man” program, there is no evidence and the applicant has provided no evidence which shows that his pay grade was PFC/E-3 when he entered active duty.  Therefore, he is not entitled to correction of his records to show he entered active duty in the rank of PFC/E-3 and his records are correct as currently constituted.

3.  Records show the applicant served on active duty from 12 April 1976 through 11 November 1976.  His DD Form 214 correctly reflects 7 months net active service.

4.  Evidence of record shows the applicant completed 6 months of prior active service and 9 years, 5 months and 24 days of prior inactive service in the ARNG and the USAR.  However, through an administrative error, his service was not properly reflected in item 18 (Record of Service) on his DD Form 214.  

5.  Based on paragraph 4 above, it would be in the interest of justice to correct the applicant’s DD Form 214 to show he completed 6 months prior active service in item 18(b); to show he completed 1 year and 1 month total active service in item 18(c); to show he completed 9 years, 6 months and 21 days of prior inactive service in item 18(d); and to show he completed 10 years, 7 months and 21 days total service for pay purposes in item 18(e).

6.  Evidence of record shows the applicant qualified as Expert on the M-16 Rifle; therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar and correction of his DD Form 214, with an effective date of 11 November 1976, to show this award.

7.  The contentions of the applicant and his counsel have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The discharge process was in accordance with applicable law and regulations and the applicant's service was appropriately characterized.

8.  The applicant was advised of the effects of a general discharge under honorable conditions and he was afforded the opportunity to submit statements in his own behalf, but he declined to do so.

9.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

10.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

11.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by amending item 18(b) of the individual concerned DD Form 214, with an effective date of 11 November 1976, to show the entry “00 06 00”;

	b.  by amending item 18(c) of the his DD Form 214, with an effective date of 11 November 1976, to show the entry “01 01 00”;

c.  by amending item 18(d) of his DD Form 214, with an effective date of 11 November 1976, to show the entry “09 06 21”; 

d.  by amending item 18(e) of his DD Form 214, with an effective date of 11 November 1976, to show the entry “10 07 21”; and 

	e.  by amending item 26 of his DD Form 214, with an effective date of 11 November 1976, to show the entry “Expert Marksmanship Qualification Badge with Rifle Bar”.

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

BOARD VOTE:  

RVO_____  TSK____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000049454	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222    	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19761111	
DISCHARGE AUTHORITY	AR635-200,chapter 5	
DISCHARGE REASON	Expeditious Discharge Program	
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	110.0000	
3.	107.0000	
4.		
5.		
6.