PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 September 2001                   
	DOCKET NUMBER:   AR2001059782

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		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 that his discharge be upgraded.

3.  The applicant states that an upgraded discharge would make him eligible to receive assistance with food and shelter as he is homeless at the present time.  He provides as supporting evidence a note dated 1 May 2001 indicating that he was drug tested on 18 January, 16 May, 20 June, and 18 July 2000 and all the tests were negative.

4.  The applicant's military records show that he enlisted in the Regular Army on    11 March 1980.  He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  He was honorably discharged on 9 November 1982 for the purpose of immediately reenlisting on 10 November 1982 after completing 2 years, 7 months, and 29 days of creditable active service.  He was promoted to Sergeant, E-5 on 1 June 1984.

5.  On 16 August 1985, the applicant was convicted by a general court-martial of two specifications of wrongful distribution of marijuana (8.16 and 26 grams, respectively) and one specification of wrongful use of cocaine.  He was sentenced to be reduced to pay grade E-1, to forfeit all pay and allowances, to be confined for 13 months (that portion of confinement in excess of one year and one day suspended for one year), and to be discharged with a bad conduct discharge.

6.  On 31 January 1986, the U. S. Army Court of Military Review, after considering matters personally raised by the applicant and finding them to be without merit, affirmed the findings of guilty and the sentence.  

7.  On 1 July 1986, the applicant was discharged, with a bad conduct discharge, pursuant to his sentence by court-martial.

8.  In accordance with Army Regulation 635-5, effective 1 October 1979 a Certificate of Release or Discharge from Active Duty, DD Form 214, is no longer prepared for a soldier who is honorably discharged for the purpose of immediately reenlisting.

9.  Commander, U. S. Total Army Personnel Command (PERSCOM) message 150800Z February 1995 clarified an earlier message concerning the requirement to add a statement in item18 of the DD Form 214 concerning a member’s initial term of service.  It directed that the following statement would be added to all DD Forms 214 without exception: “Member (has) (has not) completed first term of service.”  Normally, a member should not be considered to have completed the first full term of active service if separation occurs prior to the end of the initial contracted period of service.  However, if a member reenlists prior to the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment and should be considered to have been completed upon execution of a reenlistment contract.  If a soldier has reenlisted, he/she is considered to have completed the first full term of enlistment.
10.  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.  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.  

2.  It would not be appropriate to change the applicant’s records to show that he was discharged honorably from the reenlistment commencing on 10 November 1982.  However, in accordance with PERSCOM message 150800Z February 1995, it would be appropriate to show that he did meet the criteria to have his first term of service considered as being completed in full.

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

RECOMMENDATION:  

1.  That the applicant’s DD Form 214, item 18, be amended to show he had completed his first full term of service.

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

BOARD VOTE:  

__lls___  __mhm___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059782	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.