PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 August 2001
	DOCKET NUMBER:   AR2001056846

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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, in effect, that the remarks section of his separation document (DD Form 214) be corrected to show he completed his first full term of service and to add the National Defense Service Medal (NDSM).  

3.  The applicant states, in effect, that his initial enlistment was for 4 years and at the time of his separation he had completed a total of 4 years, 3 months, and 
2 days of active military service.  In addition, he claims that based on his service he should be entitled to receive the NDSM.   

4.  The applicant’s military records show that on 3 June 1991, he initially enlisted in the Regular Army for 4 years.  On 6 October 1994, while serving as a specialist four/E-4 at Fort Hood, Texas, he reenlisted for 4 additional years.  At the time of this reenlisment the applicant had already completed 3 years, 
4 months, and 3 days of active military service.  

5.  In September 1995, while assigned to the Special Processing Detachment, Fort Sill, Oklahoma, the applicant was processed for separation, under the provisions of chapter 14, Army Regulation 635-200 for misconduct based on the commission of a serious offense.  The reason cited by his commander for taking this action was his acceptance of nonjudicial punishment on 29 August 1995, for being absent without leave (AWOL) and uttering worthless checks.

6.  On 11 September 1995, the separation authority approved the applicant’s separation and directed he receive a general, under honorable conditions discharge.  However, on 22 September 1995, the date the applicant was separated, someone in the discharge process improperly changed the authority and narrative reason for the applicant’s separation; in addition, to assigning an incorrect characterization of service.  

7.  The DD Form 214 issued to the applicant indicated that he was separated under the provisions of chapter 10, Army Regulation 635-200; in lieu of trial by court-martial, and that his service was characterized as under other than honorable conditions.  It also showed in block 12c (net service this period) that he had completed a total of 4 years, 3 months, and 2 days of creditable active military service.  

8.  In block 13 (decorations, medals, badges, citations, and campaign ribbons awarded or authorized) of the DD Form 214 there was a “None” entry, which indicated that the applicant had received no awards during his active duty tenure. 

9.  Block 18 (remarks) of the applicant’s DD Form 214 contained the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE”, signifying he had not completed his initial obligated term of service.

10.  On 23 March 2001, the Army Discharge Review Board found that the applicant’s discharge was inequitable and upgraded the characterization of his service to fully honorable and changed the authority and narrative reason for his separation to chapter 5, Army Regulation 635-200, Secretarial Authority.   As a result of this action the applicant was issued a new DD Form 214 reflecting these changes; however, no other corrections were made to the separation document.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers separating from active duty and establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 contains instructions for completing the DD Form 214 and states, in pertinent part, that it is mandatory to enter a statement that indicates if the solider has or has not completed the first full term of service.  The regulatory guidance for making this determination states, in effect, that to determine if a soldier has completed the first full term of enlistment, refer to the enlistment reenlistment documents and compare the term of enlistment to the net service completed listed in block 12c of the DD Form 214.  If the net service exceeds the term of the initial enlistment the entry should indicate that the soldier has completed his first full term of service.

12.  Army Regulation 600-8-22 prescribes Army policy concerning individual military awards.  Paragraph 2-10 establishes the criteria for award of the NDSM and states, in pertinent part, that this award is authorized to members for honorable active service beginning after 2 August 1990.  Paragraph 5-5 contains the criteria for the Army Service Ribbon (ASR) and states, in pertinent part, that effective 1 August 1981, all members of the Army are eligible to receive this award.  It further indicates that enlisted personnel will be awarded this ribbon upon their completion of a basic or a higher level training course. 

CONCLUSIONS:

1.  The Board notes the applicant’s contentions that his separation document should indicate he completed his first full term of service and that he is entitled to the NDSM and finds these claims have merit. 

2.  By regulation, upon separation a member should be credited with completing their first full term of service if the net service listed in block 12c of the DD Form 214 exceeds the initial term of enlistment.

3.  Block 12c of the applicant’s DD Form 214 confirms that he completed a total of 4 years, 3 months, and 2 days of active military service.  This clearly exceeds his initial enlistment term of 4 years.  Therefore, the Board concludes that the following statement should be included in block 18 of his DD Form 214 “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE”.  

4.  The evidence of record also shows that the applicant satisfactorily met the criteria necessary to earn both the NDSM and the ASR.  Thus, the Board finds it would be appropriate to add these awards to his record at this time.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and adding the entry “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” in block 18 of the DD Form 214 of the individual concerned; by adding the National Defense Service Medal and Army Service Ribbon to block 13 of his DD Form 214; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__JH    __  __TFB__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      __June Hajjar _     _ 
		      CHAIRPERSON

INDEX

CASE ID	AR2001056846	
SUFFIX		
RECON		
DATE BOARDED	2001/08/16	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1995/09/22	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Secretarial Authority 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  46	107.0000	
3.		
4.		
5.		
6.