ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 January 2021 DOCKET NUMBER: AR20200002717 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows – .add “under honorable conditions” to his character of service .correct his dates of service .add his military occupational specialty (MOS), military education, and allauthorized awards, ribbons, and badges APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .DD Form 214 .Enlistment Document .Active Duty Orders .Basic and Advanced Individual Training Orders .Aircraft Crewmember Badge Permanent Orders .Primary and Secondary Military Occupational Specialty (MOS) Orders .Discharge Orders .Personnel Qualification Record .General Discharge Certificate .UH-1 Helicopter Repair Course (MOS 67N) Orders .Office of the Adjutant General, U.S. Army Reserve Components Personnel andAdministration Center, St. Louis, MO letter .Request Pertaining to Military Records .Chapter 13 (Unsatisfactory Performance) Discharge Packet .Record of Proceedings Under Article 15 of the Uniform Code of Military Justice(UCMJ) .Counseling Statements FACTS: 1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2.The applicant states: a.He is requesting to correct his DD Form 214 to reflect correct dates of service,MOS, military education, and awards. Item 24 (Character of Service) of his DD Form 214 should say general discharge under honorable conditions. He was denied Department of Veterans Affairs (VA) benefits due to the errors on his DD Form 214. He needs his DD Form 214 changed because it needs to show all of his service assignments, awards, MOS, proper dates of service, and type of discharge as under honorable conditions. His enlistment date is 2 September 1981. b.The first request he submitted on 19 August 1983, and he got a letter back fromthe Office of the Adjutant General stating they had no paperwork at that time. At that time he thought he had his VA benefits. He did not need to use his VA benefits until he bought a house a few years ago. That is when he found out he was denied VA benefits due to the errors on his DD Form 214. 3.On 2 September 1981, the applicant enlisted in the U.S. Army Reserve for a periodof 6 years. On 28 December 1981, he requested to be discharged from the DelayedEntry/Enlistment Program (DEP) and enlisted in the Regular Army for a period of 3years. He was assigned to basic training at Fort McClellan, Alabama on or about31 December 1981. 4.His Personnel Qualification Record shows he was awarded or authorized the AircraftCrewmember Badge and Army Service Ribbon. 5.On 29 June 1982, Headquarters, U.S. Army Aviation Center and Fort Rucker issuedPermanent Orders 108-4 awarding him the Aircraft Crewmember Badge (permanent)for completing training in MOS 67N (UH-1 Helicopter Repairman). 6.On the same date, Permanent Orders 125-83 awarded the applicant MOS 67N(UH-1 Helicopter Repairman) effective 2 July 1982. The arders also reassigned theapplicant to Fort McNair, Washington, D.C., with a report date of 15 July 1982. 7.On 31 October 1982, a Military Police Report contained in the applicant’s recordshows he was charge with wrongful possession of marijuana. His record also containedan undated and unsigned summarized record of proceedings under Article 15 of theUCMJ indicating he received non-judicial punishment (NJP) for wrongful possession ofmarijuana. 8.On 18 April 1983, Headquarters, United States Army Infantry Center/OSUT (onestation unit training) issued Orders 73-10 awarding the applicant primary MOS 11B(Infantryman) and secondary MOS 67N effective 12 May 1983. 9.On the same date, the applicant received non-judicial punishment under theprovisions of Article 15 of the UCMJ for leaving his appointed place of duty. He did notappeal. 10.The applicant’s record shows he was counseled on multiple occasions for failingthe Army Physical Readiness Test, displaying a poor attitude, lack of motivation,sleeping in his bunk during duty hours, falling out of a physical training run, and beingrecommended for separation from the Army. 11.The applicant’s commander notified him that he was recommending him forseparation under the provisions of chapter 13, Army Regulation (AR) 635-200(Personnel Separation – Enlisted Personnel) for unsuitability. The specific basis for thisaction were not being a productive Soldier and constant discipline problems. Thecommander also advised the applicant of his rights. a.After being advised by counsel of the basis for the contemplated separation, itseffects, and of the rights available to him, the applicant elected not to submit a statement in his own behalf. b.On 13 May 1983, his commander formally recommended him for administrativeseparation from the Army. In pertinent part, the commander indicated he was requesting a waiver of rehabilitative transfer based on the reasons listed below: (1)The applicant completed advanced individual training at Fort Rucker,Alabama, and was assigned to Fort Belvoir, Virginia. While there he lost his security clearance due to possession of hash, and was sent to Fort Benning, Georgia, for 11B (Infantryman) training. (2)Since his arrival at the unit he had displayed a very negative attitude and wasa bad influence on the other trainees in the unit. c.On 18 May 1983, the applicant was medically cleared for separation action. d.On 24 May 1983, the separation authority approved the applicant’s dischargewith a General Discharge Certificate. Further counseling and rehabilitative measures were waived. 12.On 1 June 1983, the applicant was discharged under the provisions of chapter 13,AR 635-200, by reason of unsatisfactory performance. The DD Form 214 he wasissued and shows in: .item 11 (Primary Specialty Number, Title and Years and Months in Specialty(additional specialty numbers and titles involving periods of one or moreyears)) – 11B00 Trainee, 00 years and 00 months .item 12a (date entered active duty this period) – 28 June 1982 .item 12c (net active service this period) – 10 months and 3 days .item 13 (decorations, medals, badges, citations and campaign ribbonsawarded or authorized) – “Sharpshooter (M-16), Sharpshooter (HandGrenade)” .item 14 (military education) – “NA” .item 24 (character of service) – “General” 13.Army Regulation 635-8 (Separation Processing and Documents), currently in effect,prescribes the transition processing function of the military personnel system. This newregulation provides principles of support, standards of service, policies, tasks, rules, andsteps governing required actions in the field to support processing personnel forseparation and preparation of separation documents. Chapter 5 (Preparing SeparationDocuments) states the DD Form 214 is a summary of the Soldier’s most recent periodof continuous active duty. It provides a brief, clear-cut record of all current active, prioractive, and prior inactive duty service at the time of release from active duty (REFRAD),retirement, or discharge. The regulation states, in pertinent part: a.Block 11 (primary specialty): Enter the titles of all MOSs awarded and held for atleast 1 year during the current period of service and include for each MOS the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, or MOS-producing school). Primary specialty MOS is awarded by Service school completion or by publication of orders awarding the MOS. As an exception, if the primary MOS is held for less than 1 year enter the primary specialty and the number of months the MOS was held. Secondary, additional MOS will not be listed if held for less than 1 year. b.Block 12a (Date Entered Active Duty This Period): Data sources are enlistmentcontract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. c.Block 12c (Net Active Service This Period): Amount of service this period,computed by subtracting block 12a from 12b. d.Block 12e (Total Prior Inactive Service): From previously issued DD Form 214,Retirement Point Annual Statement, DA Form 1506, or Servicemember’s record brief, enter the total amount of prior inactive service, less lost time, if any. DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable for completing the statutory MSO and will be entered in block 18. If not applicable, enter “00 00 00.” e.Block 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized): List all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or State level awards on DD Form 214. f.Block 14 (Military Education): List all formal, in-service (full time attendance)training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. g.Block 24 (Character of Service): Correct entry is vital since it affects a Soldier’seligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The character of service must be one of the seven designations listed below: .HONORABLE .UNDER HONORABLE CONDITIONS (GENERAL) .UNDER OTHER THAN HONORABLE CONDITIONS .BAD CONDUCT .DISHONORABLE .DISMISSED .UNCHARACTERIZED 14.Army Regulation 635-200 sets forth the requirements and procedures foradministrative discharge of enlisted personnel. Chapter 13 of this regulation, in effect atthe time, provides for separation due to unsatisfactory performance when in thecommander’s judgment the individual will not become a satisfactory Soldier; retentionwill have an adverse impact on military discipline, good order and morale; the servicemember will be a disruptive influence in the future; the basis for separation will continueor recur; and/or the ability of the service member to perform effectively in the future,including potential for advancement or leadership, is unlikely. Service of Soldiersseparated because of unsatisfactory performance under this regulation will becharacterized as honorable or under honorable conditions. BOARD DISCUSSION: 1.After reviewing the application and supporting documents, the Board found partialrelief is warranted. 2.The Board agreed that the entry in block 24 of the applicant's DD Form 214 does notconform with the governing regulation. The Board determined the entry should bechanged to "under honorable conditions (general)." 3.The Board found the applicant's DD Form 214 does not accurately document thedate he entered active duty. The Board determined block 12a of his DD Form 214should be changed to 28 December 1981 and block 12c should be corrected to shownet active service from 28 December 1981 through 1 June 1983 (1 year, 5 months, and5 days). 4.The Board found the applicant is authorized two decorations that are not recorded onhis DD Form 214. The Board determined his DD Form 214 should be corrected byadding the Army Service Ribbon and the Aircraft Crewmember Badge. 5.The applicant was awarded MOS 67N1O, but the MOS was withdrawn and theavailable records indicate the applicant did not actually perform duties in that MOS.Based on a preponderance of evidence, the Board determined no additions should bemade to block 11 of the applicant's DD Form 214. 6.The Board noted the applicant did complete military education that should berecorded in block 14 of his DD Form 214. The Board determined block 14 should becorrected to show "Utility Helicopter Repair, 10 weeks, 1982." BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : GRANT FULL RELIEF :XX :XX GRANT PARTIAL RELIEF : : GRANT FORMAL HEARING : :XX : : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by amendingthe applicant's DD Form 214 as follows: .Replace the entry in block 12a with "81 12 28" .Replace the entry in block 12c with "01 05 05" .Add to block 13 the Army Service Ribbon and Aircraft Crewmember Badge .Replace the entry in block 14 with "Utility Helicopter Repair, 10 weeks, 1982" .Replace the entry in block 24 with "under honorable conditions (general)" 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to any relief in excess of that described above. 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. REFERENCES: 1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the Army Board for Correction of Military Records(ABCMR) to excuse an applicant's failure to timely file within the three-year statute oflimitations if the ABCMR determines it would be in the interest of justice to do so. 2.Army Regulation 635-8 (Separation Processing and Documents), currently in effect,prescribes the transition processing function of the military personnel system. This newregulation provides principles of support, standards of service, policies, tasks, rules, andsteps governing required actions in the field to support processing personnel forseparation and preparation of separation documents. Chapter 5 (Preparing SeparationDocuments) states the DD Form 214 is a summary of the Soldier’s most recent periodof continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty (REFRAD), retirement, or discharge. The regulation states, in pertinent part: a.Block 11 (primary specialty): Enter the titles of all MOSs awarded and held for atleast 1 year during the current period of service and include for each MOS the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, or MOS-producing school). Primary specialty MOS is awarded by Service school completion or by publication of orders awarding the MOS. As an exception, if the primary MOS is held for less than 1 year enter the primary specialty and the number of months the MOS was held. Secondary, additional MOS will not be listed if held for less than 1 year. b.Block 12a (Date Entered Active Duty This Period): Data sources are enlistmentcontract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. c.Block 12c (Net Active Service This Period): Amount of service this period,computed by subtracting block 12a from 12b. d.Block 12e (Total Prior Inactive Service): From previously issued DD Form 214,Retirement Point Annual Statement, DA Form 1506, or Servicemember’s record brief, enter the total amount of prior inactive service, less lost time, if any. DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable for completing the statutory MSO and will be entered in block 18. If not applicable, enter “00 00 00.” e.Block 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized): List all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or State level awards on DD Form 214. f.Block 14 (Military Education): List all formal, in-service (full time attendance)training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. g.Block 24 (Characterization of Service): Correct entry is vital since it affects aSoldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The character of service must be one of the seven designations listed below: •HONORABLE •UNDER HONORABLE CONDITIONS (GENERAL) •UNDER OTHER THAN HONORABLE CONDITIONS •BAD CONDUCT •DISHONORABLE •DISMISSED •UNCHARACTERIZED 3.Army Regulation 635-200 sets forth the requirements and procedures foradministrative discharge of enlisted personnel. Chapter 13 of this regulation, in effect atthe time, provides for separation due to unsatisfactory performance when in thecommander’s judgment the individual will not become a satisfactory Soldier; retentionwill have an adverse impact on military discipline, good order and morale; the servicemember will be a disruptive influence in the future; the basis for separation will continueor recur; and/or the ability of the service member to perform effectively in the future,including potential for advancement or leadership, is unlikely. Service of Soldiersseparated because of unsatisfactory performance under this regulation will becharacterized as honorable or under honorable conditions. //NOTHING FOLLOWS//