RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2003
	DOCKET NUMBER:   AR2003087925

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that Item 7b of his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 15 November 1999 through 26 February 2002 be changed from "ISLAND VA 24315" to "BLAND VA 24315," and that Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected, in effect, to show all awards to which he is entitled.

2.  The applicant also requests a series of unspecified corrections to Item 11 (Primary Specialty), Item 12 (Record of Service), and Item 14 (Military Education) of the subject DD Form 214.  Because these corrections are unspecified, they will not be addressed.

3.  The applicant also requests, in effect, that Item 25 (Separation Authority); Item 26 (Separation Code), Item 27 (Reentry Code), and Item 28 (Narrative Reason For Separation) of the subject DD Form 214 be corrected based upon his discharge upgrade by the Army Discharge Review Board (ADRB).

4.  The applicant does not state any error or injustice.

5.  The applicant provides an attached sheet to his DD Form 149 (Application for Correction of Military Record) titled Correction to DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show he initially enlisted in the Regular Army (RA), serving from 28 July 1982 to 27 July 1985 when he was released from active duty under honorable conditions.  He was credited with 3 years of active military service and 1 month and 26 days of inactive service.  His DD Form 214 shows the following awards: the Army Service Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal and the Marksman Qualification Badge (M-16).

2.  Following a 15-month break in service, the applicant reenlisted in the RA on 4 November 1986 and served until honorably discharged on 19 October 1991 after completing 4 years, 11 months, and 16 days of active military service.  His DD Form 214 shows the following awards:  the Army Service Ribbon, the Southwest Asia Service Medal with two Bronze Service Stars, the Overseas Service Ribbon with numeral 2, the Noncommissioned Officer (NCO) 

Professional Development Ribbon, the Army Achievement Medal with Second Oak Leaf Cluster (2 OLC), the Good Conduct Medal (2nd award), the National Defense Service Medal, the Army Commendation Medal, the Expert Marksmanship Badge Rifle (M-16), and Driver and Mechanic Badge with Driver Bar.

3.  The applicant’s next period of military service was with the West Virginia Army National Guard (WVARNG) where he served from 30 May 1996 until he was honorably discharged on 15 November 1999 (sic) in order to enlist in the RA.  He completed 3 years, 5 months, and 16 days of military service in the WVARNG.  His NGB Form 22 (Report of Separation and Record of Service) shows the following awards:  the Army Service Ribbon, the Overseas Service Ribbon, the Good Conduct Medal-2, the Army Achievement Medal-3, the Southwest Asia Service Medal, the NCO Professional Development Ribbon, the Army Commendation Medal, the Kuwait Liberation Medal, and the National Defense Service Medal.

4.  The applicant enlisted in the RA on 15 November 1999.  Although his enlistment contract is not a part of the record, all of his paperwork concerning his WVARNG service shows his home of record as Bland, Virginia.  Similarly, his record is void of the specific facts and circumstances involving his separation from the RA on 26 February 2002; however, the subject DD Form 214 shows that he was separated under the provisions of chapter 10, Army Regulation (AR) 635-200 in lieu of trial by court-martial with an under other than honorable conditions (UOTHC) discharge.  He was credited with 2 years and 25 days of active military service.  He was credited with the following awards:  the Army Achievement Medal (3rd award), the Army Good Conduct Medal (2nd award), the NCO Professional Development Ribbon (Primary Level), the Army Service Ribbon, and the Overseas Service Ribbon (2nd award).  

5.  The subject DD Form 214 also shows in Item 25 "AR 635-200 CHAP 10," in Item 26 “KFS,” in Item 27 a Reentry Code of "4," and in Item 28 the narrative reason “IN LIEU OF TRIAL BY COURT-MARTIAL.”

6.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A UOTHC is normally considered appropriate.

7.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty service, or control of the Active Army.  It establishes a standardized policy for preparing and distributing the DD Form 214, which is a summary of a soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  AR 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter contains a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons not eligible for reenlistment.  This code applies to enlisted personnel classified ineligible for reenlistment under table 2-5, AR 601-210 or table 2-3, AR 601-280.

9.  AR 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated in lieu of trial by court-martial are separated under chapter 10, AR 635-200, with an SPD code of KFS and an RE code of RE-4.

10.  The applicant’s military records show the Army Discharge Review Board (ADRB) upgraded the applicant’s characterization of service from UOTHC to general, under honorable conditions (GD) on 11 December 2000.  The ADRB did not, however, elect to change the reason for the applicant's discharge.

DISCUSSION AND CONCLUSIONS:

1.  The entry at Item 7b of the subject DD Form 214 is in error.  It reflects that the applicant's home of record is " ISLAND VA 24315" when all pertinent records immediately preceding his enlistment reflect his home of record as "BLAND VA 24315."  This item requires correction.

2.  Item 13 of the subject DD Form 214 clearly does not reflect all of the applicant's awards and decorations earned to that point.  It should be corrected to reflect the following:  Army Commendation Medal, three Army Achievement Medals, two Army Good Conduct Medals, National Defense Service Medal, Southwest Asia Service Medal with two Bronze Service Stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, two Overseas Service Ribbons, Expert Marksmanship Badge (M-16 Rifle), and the Driver and Mechanics Badge with Driver Bar.

3.  Corrections to Item 11 (Primary Specialty), Item 12 (Record of Service), and Item 14 (Military Education) of the subject DD Form 214 cannot be addressed because the applicant has not identified the alleged errors.

4.  Corrections to Item 25 (Separation Authority), Item 26 (Separation Code), Item 27 (Reentry Code), and Item 28 (Narrative Reason For Separation) of the subject DD Form 214 based upon the discharge upgrade action by the ADRB are not warranted.  The ADRB, in upgrading the applicant's discharge, specifically elected not to change the authority or reason for separation.  Accordingly, this Board concurs with the ADRB's decision not to change the reason and authority for discharge.  Therefore, without a change in the separation authority or narrative reason item 25, item 26, item 27, and item 28 are correct and do not require a change based upon the ADRB upgrading the applicant's characterization of service.

BOARD VOTE:

__wtm___  __alr___  __kwl___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Changing the entry at Item 7b of the subject DD Form 214 from "ISLAND VA 24315" to "BLAND VA 24315;" and

	b.  Changing the entry at Item 13 of the subject DD Form 214 to reflect the Army Commendation Medal, three Army Achievement Medals, two Army Good Conduct Medals, National Defense Service Medal, Southwest Asia Service Medal with two Bronze Service Stars, Noncommissioned Officer professional Development Ribbon, Army Service Ribbon, two Overseas Service Ribbons, Expert Marksmanship Badge (M-16 Rifle), and the Driver and Mechanics Badge with Driver Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to corrections to Item 11 (Primary Specialty), Item 12 (Record of Service), Item 14 (Military Education), Item 25 (Separation Authority), Item 26 (Separation Code), Item 27 (Reentry Code), and Item 28 (Narrative Reason For Separation).

			Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087925	
SUFFIX		
RECON		
DATE BOARDED	20031204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.	107.0000	
3.	110.0200	
4.	112.0100	
5.		
6.