MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 September 2001
	DOCKET NUMBER:   AR2001053024

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That she be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, that correctly reflects her satisfactory and honorable completion of her first term of enlistment (12 February 1976 – 11 February 1980) and the award of the Good Conduct Medal for that period of service. 

APPLICANT STATES: In effect, that her DD Form 214 incorrectly groups all of her service together and does not reflect that she honorably completed her first term of enlistment.  She wants a new DD Form 214 that correctly reflects this initial period of service in order to obtain benefits from the Department of Veteran Affairs (VA) and to assist her in obtaining civilian employment.

In support of her application, the applicant submitted a statement in her own behalf.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Regular Army on 2 February 1976 for a period of 4 years. Following completion of all military training, she was awarded military occupational specialty (MOS) 62J, General Construction Equipment Operator, and was assigned to Fort Meade, Maryland.

On 7 April 1976, the applicant was promoted to the rank of private/E-2.  

On 3 September 1976, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for assaulting another private by repeatedly striking her about the head and shoulders.  Her punishment consisted of a reduction in rank to private/E-1 (suspended for 60 days) and 7 days of extra duty and restriction.

On 12 December 1976, she was promoted to the rank of private first class/E-3 and on 27 February 1978 she was promoted to the rank of specialist/E-4.

On 12 December 1978, the applicant was convicted by a special court-martial of wrongfully communicating a threat to kill a private, being disorderly on post, unlawfully grabbing a private first class, unlawfully striking a private in the mouth, and wrongfully appropriating a motor vehicle, the property of the United States government.  She was sentenced to be reduced to pay grade private/E-2, to forfeit $311.00 pay per month for 3 months, and 2 months of restriction.  On 15 February 1979, the sentence was approved and ordered executed as adjudged, except that the amount of forfeiture was reduced to $100.00 pay per month for 3 months. 

On 20 May 1979, she was promoted to the rank of private first class/E-3.

On 26 July 1979, the applicant was awarded the Good Conduct Medal. 

On 10 December 1979, she extended her enlistment for a period of 12 months by executing DA Form 1695, Oath of Extension of Enlistment, thereby establishing a new ETS (expiration term of service) date of 11 February 1981.

On 28 August 1980, the applicant was convicted by a general court-martial of committing an assault upon a staff sergeant by stabbing him with a knife.  She was sentenced to reduction to private/E-1, confinement at hard labor for 1 year, forfeiture of $298.00 pay per month for 12 months, and to be dishonorably discharged.  The sentenced was adjudged on 28 August 1980.  

On 24 September 1980, only so much of the sentence as provided for a bad conduct discharge (BCD), confinement at hard labor for 9 months, forfeiture of $298.00 pay per month for 12 months, and reduction to private/E-1 was approved.  Pending appellate review of her case, the applicant was confined at the United States Army Disciplinary Barracks, Fort Leavenworth, Kansas.

On 21 November 1980, the United States Army Court of Military Review affirmed the findings of guilty and the sentence.

On 17 March 1981, the sentence, having been affirmed, was ordered executed.

On 8 April 1981, the applicant was discharged with a BCD pursuant to her sentence by general court-martial.  She was credited with 4 years, 6 months, and 10 days of active military service.  She had 228 days of lost time due to confinement.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 11-2, provides that a soldier will be given a BCD pursuant only to an approved sentence to a general court-martial or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contentions.  However, after a careful review of the applicant’s records, the Board determined that the applicant enlisted for 4 years and that she extended that period of enlistment by 12 months prior to completing her initial enlistment.  Therefore, the applicant was still serving in her initial period of service and her DD Form 214 correctly reflects that period of service.  Furthermore, the DD Form 214 reflects that she was awarded a Good Conduct Medal. 

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl____  ___mhm _  __kah___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001053024	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19810408	
DISCHARGE AUTHORITY	AR 635-200, paragraph 11-2	
DISCHARGE REASON	General Court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0056	
2.	144.9219	
3.		
4.		
5.		
6.