SAMR-RB 27 September 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160005429 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 14 September 2017, in which the Board members unanimously denied the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by adding to item 18 of his DD Form 214 the entry "Continuous Honorable Active Service from 19810723-1987051O." I direct no further correction be made to the record of the individual concerned. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 29 January 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160005429 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ __x______ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160005429 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR1999032748, on 3 August 2000. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160005429 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, reconsideration of his earlier request for an upgrade of his under other than honorable conditions discharge. 2. The applicant states he is only asking for the benefits that he is entitled to receive for serving our country. He would like to receive his military benefits. He was discharged in 1987 under other than honorable conditions. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999032748, on 3 August 2000. 2. The applicant provides a new argument that warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 23 July 1981 and he held military occupational specialty 94B (Food Service Specialist). He reenlisted for 3 years on 18 July 1984 and 4 years on 11 May 1987. 4. He also served in Germany from 9 December 1981 to 6 April 1983 and from 1 April 1985 to 22 March 1987. He was advanced to sergeant/E-5 on 14 October 1985. 5. On 30 December 1987, at Fort Story, VA, the applicant was reprimanded by his company commander for consuming alcoholic beverages with a subordinate and asking the subordinate to drive him to particular location even though the subordinate had consumed a considerable amount of alcohol. 6. On 14 May 1988, at Fort Story, VA, he was apprehended by civil authorities for driving with a suspended license, leaving the scene of an accident, and failing to assure safe movement. He later (15 July 1988) appeared before the U.S. Magistrate Court, was found guilty, and was sentenced to pay a monetary fine for two of the three offenses. 7. On 22 July 1988, he was reprimanded by his battalion commander for misconduct. Specifically, on 14 May 1988, he caused damage to two Navy vehicles and an awning and on 15 May 1988, he was convicted by the U.S. Magistrate Court. 8. On 25 July 1988, he was reprimanded a third time for driving a privately owned vehicle with a suspended license. 9. On 4 November 1988, also at Fort Story, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for forging his commander's writing with intent to defraud. His punishment consisted of reduction to specialist/E-4, a forfeiture of pay, and extra duty. He appealed, but his appeal was denied. 10. On 9 November 1988, also at Fort Story, VA, the U.S. Army Criminal Investigation Command investigated the applicant for forgery. 11. On 18 November 1988, he was confined by civil authorities in Norfolk County Jail due to several unpaid traffic fines. He opted for the confinement in lieu of paying the fines. He was released from confinement on 5 December 1988. 12. The commander's notification of separation action is not available for review with this case. However, it appears on or about 29 December 1988, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for misconduct – commission of a serious offense. It also appears the immediate commander recommended the issuance of an under other than honorable conditions discharge. 13. On 29 December 1988, the applicant acknowledged receipt of the commander's intent to separate him under the provision of chapter 14, AR 635-200 for the commission of a serious offense. Although his complete acknowledgement memorandum is not available for review, he would have consulted with legal counsel and would have been advised of the basis for the contemplated separation action for misconduct, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him. He apparently requested consideration of his case by a separation board and/or a personal appearance before a separation board. He would have acknowledged he understood: a. He could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him. b. He could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of an under other than honorable conditions discharge. 14. Subsequent to this acknowledgement, the applicant’s immediate commander initiated separation action against him in accordance with AR 635-200, paragraph 14-12, for misconduct. 15. The applicant was notified of his scheduled hearing as well as of his rights. Accordingly, on 24 March 1989, an administrative separation board convened at Fort Story, VA, to determine if the applicant should be discharged under the provisions of paragraph 14-12(c), AR 635-200, for misconduct - commission of a serious offense. * The administrative separation board found the applicant undesirable for further retention in the military service due to misconduct * The administrative separation board recommended the applicant be discharged from the Army under other than honorable conditions 16. On 20 April 1989, the separation authority approved the administrative separation board's findings and recommendations and ordered the applicant discharged with an under other than honorable conditions characterization of service and reduction to the lowest enlisted grade. 17. The applicant was discharged on 27 April 1989. His DD Form 214 shows he was discharged under the provisions of chapter 14, AR 635-200, due to misconduct (serious offense) with an under other honorable conditions characterization of service. He completed 7 years, 8 months, and 18 days of active service and he had lost time from 18 November to 4 December 1988. His DD Form 214 also shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Army Commendation Medal * Good Conduct Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon * Army Achievement Medal (3rd Oak Leaf Cluster) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Bade with Grenade Bar * Overseas Service Ribbon (2nd Award) * Item 18 (Remarks), in part, "Immediate Reenlistments This Period: 810723-840717; 840718-870510" 18. On 19 July 1990, the Army Discharge Review Board (ADRB) reviewed his discharge and found it proper and equitable. Accordingly, the ADRB denied his petition for an upgrade of his discharge. 19. On 3 August 2000, the ABCMR reviewed his discharge and also found it proper and equitable. The ABCMR denied his petition for an upgrade of his discharge. REFERENCES: 1. AR 635-200, in effect at the time (July 1984) set forth the basic authority for the separation of enlisted personnel. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Soldier discharged for patterns of misconduct. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. AR 635-5 (Separation Documents) prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. The Remarks block is used for entries required by the Department of the Army for which a separate block is not available on the form and for completing entries that are too long for their blocks. a. The version of the regulation (1 July 1981) in effect at the time of his discharge required an entry in item 18 (Remarks) to show a list of enlistment periods for which a DD Form 214 was not issued. For example: Immediate reenlistments this period: 761210-791001; 791002-821001. b. The version of the regulation (2 October 1989) in effect shortly after he was discharged stated the first entry in block 18 lists reenlistment periods for which a DD Form 214 was not issued, if applicable, e.g., "Immediate reenlistments this period: 761218-791001; 791002-821001." However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except "Honorable," the following statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued, e.g., 761218) Until (date before commencement of current enlistment, e.g., 821001)"; then enter the specific periods of reenlistments as prescribed above. DISCUSSION: 1. With respect to the character of service: a. The applicant's records show he committed a serious offense. Accordingly, his chain of command initiated separation action against him. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. b. He was advised of his rights and elected to appear before an administrative separation board. The administrative separation board carefully considered the evidence before it and found the applicant undesirable for further retention. This board also recommended the applicant’s discharge with an under other than honorable conditions characterization of service. c. His discharge was appropriate because the separation board and separation authority determined the quality of his service was not consistent with acceptable personal conduct and performance by Army personnel. His misconduct and failure to respond positively to counseling by members of his chain of command diminished the quality of his service. 2. With respect to his first two periods of service: a. At the time of his discharge in April 1983, the regulation only required an entry in item 18 pertaining to enlistment periods for which a DD Form 214 was not issued. His first two enlistments from 23 July 1981 to 17 July 1984 and from 18 July 1984 to 10 May 1987 are already listed in item 18 of his DD Form 214, in compliance. b. Shortly after his discharge, the regulation changed. For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except "Honorable," a statement will appear as "Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued) until (date before commencement of current enlistment)" as well as the specific periods of reenlistments as prescribed above. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2