MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 July 2002
	DOCKET NUMBER:   AR2002067169

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Henry B. Oberg		Member	
	Mr. John T. Meixell		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:  In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military service obligation (MSO) date in item 6 (Reserve Obligation Termination Date) and to show he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) in item 9 (Command to Which Transferred).

APPLICANT STATES:  That he was discharged without a MSO on his DD Form 214.  He contends that the Military Personnel Officer (MILPO) processed him into the IRR with a MSO and that his DD Form 214 must be corrected to reflect the correct data.  

In support of his application, he submits a copy of reassignment orders;
two DD Forms 4/1 (Enlistment/Reenlistment Document); and a copy of his DD Form 214.

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

The applicant enlisted in the U.S. Army Reserve under the Delayed Enlistment Program for 8 years.  He enlisted in the Regular Army on 15 October 1996 for a period of 3 years and 17 weeks.  He completed infantry training and was assigned to Fort Campbell, Kentucky.  The applicant was discharged from active duty on 6 March 1998 and is currently serving in the Reserve in the rank of private first class.

On various occasions between May 1997 to December 1997, the applicant received numerous adverse counseling statements for disrespecting a noncommissioned officer (NCO); for having a negative attitude during squad "comp"; for being disrespectful to a NCO; for disobeying a lawful order from NCO; for conduct unbecoming a soldier; for communicating a threat, provoking speech, and suicidal gestures; for dereliction of duties; for failing to report, missing formation, corrective training; and for violating restrictions.

On 17 December 1997, the applicant received nonjudicial punishment for wrongfully communicating a threat and disrespecting a superior NCO.  His punishment consisted of reduction to private E-1; 45 days restriction to the specified limits; and extra duty for 45 days.

On 6 February 1998, the applicant’s unit commander notified him of initiation of separation action under the provisions of Army Regulation 635-200, 
chapter 14-12c, for misconduct – commission of a serious offense.  The unit commander cited the basis for the proposed action as the applicant's disrespect towards superior NCOs on two occasions, assaulting a superior NCO, and dereliction in the performance of his duties.

The applicant acknowledged the notification of the proposed separation, consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a general under honorable conditions discharge, and declined to submit statements in his own behalf.

On 26 February 1998, the separation authority waived rehabilitation requirements and directed that the applicant be discharged with a general under honorable conditions discharge.

Orders were published by the 101st Airborne Division (Air Assault) and Fort Campbell on 27 February 1998, which reassigned the applicant to the U.S. Army transition point with an effective date of discharge of 6 March 1998.  

Accordingly, the applicant was discharged on 6 March 1998 under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct – commission of a serious offense.  He had completed 1 year, 4 months and 22 days of active military service.  

At the time of his discharge, the applicant's DD Form 214 was prepared to show the entry "0000 00 00" in item 6 and the entry "NA" in item 9.

Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states that the Reserve obligation termination date refers to the completion date of the statutory service obligation incurred by all personnel on initial enlistment or appointment into the Armed Forces.  This regulation states that the MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, and the U.S. Army Reserve to include Delayed Entry Program.  The regulation also states that soldiers discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "00 00 00" and soldiers within 90 days of their MSO termination date at separation will be considered to have completed their MSO and "00 00 00" will be entered.

Army Regulation 635-5, directs that the command to which the soldier will be transferred is entered in item 9 (Command to Which Transferred) of the DD Form 214.  Table 2-2 of this regulation, in effect at the time, states that if the soldier is discharged with no further military status, then "NA" will be entered in item 9.

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 applicant enlisted in the Regular Army on 15 October 1996 for a period of 3 years and 17 weeks.  
2.  He was discharged from active duty on 6 March 1998 under the provisions Army Regulation 635-200, chapter 14-12c, for misconduct – commission of a serious offense.  

3.  At the time of his discharge, the applicant's DD Form 214 was correctly prepared to reflect the entry "0000 00 00" in item 6.  

4.  Since the applicant was discharged from active duty with no further military status, his DD Form 214 correctly reflects the entry "NA" in item 9.

5.  Based on the foregoing, the Board has determined that there is no error or injustice in this case regarding the applicant's MSO or that he was entitled to transfer to the IRR.  Therefore, there is no basis for amending item 6 or item 9 on his DD Form 214.

6.  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.

7.  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

TSK_____  HBO_____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067169	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19980306	
DISCHARGE AUTHORITY	AR635-200,chapter 14	
DISCHARGE REASON	Misconduct-commission of a serious offense	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	144.9916	
2.		
3.		
4.		
5.		
6.