PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:   18 August 1999
	DOCKET NUMBER:  AR1999017326

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Sherri V. Ward		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, in effect, that the federal court-martial conviction he received on 17 November 1997 be deleted from his military records.  He requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected:  by showing that he fully completed his first term of service; that item 6, Reserve Obligation Term[ination] Date, be corrected by deleting 23 January 2003 and adding 23 January 2002; by deleting from item 11, Primary Specialty, 0 years, 0 months and adding 3 years, 6 months.  He also requests that the Unit Supply Specialty Course, the Basic Airborne Course and the "AMO" Course be added to item 14, Military Education, and that item 18, Remarks, be corrected by adding his Delayed Entry Program dates (24 January-25 July 1994).  

3.  The applicant states, in effect, that he feels that he should have been offered nonjudicial punishment (NJP) for his offenses.  He believes the sentence that he received as a result of the court-martial conviction was overly harsh punishment that outweighed the crime.

4.  The applicant’s military record shows he enlisted in the Delayed Enlistment Program from 24 January-25 July 1994, at age 17, with the consent of his legal guardian; his 18th birthday was 11 March 1994.  On 26 July 1994, he enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 92Y (Unit Supply Specialist).  The highest grade he achieved was pay grade E-3.

5.  The applicant's entire official military personnel file (OMPF) was not available for review.  However, the records that were available show that, on 17 November 1997, he was convicted by a special court-martial for wrongfully striking (on more than one occasion) a noncommissioned officer (NCO), and for two specifications of disobeying a lawful order from an NCO.  His sentence included a written reprimand, reduction from pay grade E-3 to pay grade E-1, and forfeiture of pay.   

6.  On 6 February 1998, the applicant was discharged.  He completed 3 years, 
6 months, and 11 days of active military service.  He was retained in service for 
6 months and 11 days following his ETS.  The reason for this additional service is not clearly demonstrated in the records that are available.  

7.  Further evidence of record shows that the applicant had an 8 year US Army Reserve (USAR) service obligation.  He entered into the Delayed Entry Program on 24 January 1994, therefore his USAR service obligation ends on 23 January 2002.

8.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel upon fulfillment or expiration of service obligation.  It also provides for discharge or release from active duty upon termination of other periods of active duty or active duty for training.  Individuals discharged under the provisions of this chapter will be awarded a character of service of honorable, unless the soldier is in an entry level status and service is uncharacterized. 

9.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 
14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is included to assist the soldier in job placement and counseling after separation; therefore, training courses for combat skills are not listed.  The regulation also provides specific examples of the types of entries permitted in item 18 (Remarks).

CONCLUSIONS:

1.  The applicant is entitled to have his DD Form 214 corrected to show that his Reserve Obligation Term of Service Date is //year 2002, month 01, day 23//.  

2.  The Board notes that the applicant was discharged 6 months and 11 days following his initial ETS date; however, the evidence available does not clearly show the reason for his retention beyond ETS.   The record does show that he was separated for “completion of required active service.”  In accordance with AR 635-5, his DD Form 214 should be annotated with the following entries in item 18; “MEMBER HAS COMPLETED FIRST TERM OF SERVICE”, and “RETAINED IN SERVICE 191 DAYS FOR CONVENIENCE OF THE GOVERNMENT PER AR 635-200.”

3.  The record does not contain sufficient information to show that the applicant completed training for MOS 92Y, or that he ever served in the MOS.  He has not submitted any proof to support his request to change item 11 from “0 YRS-0 MOS” to “3 YRS-6 MOS”.

4.  Insofar as training entries in item 14, the Board has determined the following.

	a.  The record does not provide evidence that the applicant completed the Unit Supply Specialty Course; therefore, he is not entitled to an entry for this course in item 14.

	b.  The Board cannot identify the “AMO Course” mentioned by the applicant, or confirm that the applicant graduated from it; no entry may be made in item 14 for this course.

	c.  Item 14 on the DD Form 214 is reserved for formal in-service training courses that will assist the soldier in job placement after separation.  Training courses for combat skills such as the Basic Airborne Course are not authorized for inclusion.

5.  Trial by court-martial was warranted by the gravity of the offenses charged.  The applicant’s conviction was effected in accordance with applicable law and regulations, and the sentence was appropriate for the misconduct for which the applicant was convicted.  The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.

6.  The Board noted that the applicant’s record contained authorization to accept and wear the British Army Parachutist Wings in accordance with AR 670-1.

7. In view of the foregoing, the applicant's records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That the DD Form 214 of the individual concerned be corrected as follows:

a.  Item 6, Reserve Obligation Term of Service Date, should be 2002/01/23 as opposed to 2003/01/23;

b.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, should be annotated with “BRITISH ARMY PARACHUTIST WINGS”;

c.  Item 18; Remarks, should be annotated with “MEMBER HAS COMPLETED FIRST TERM OF SERVICE”, and “RETAINED IN SERVICE 191 DAYS FOR CONVENIENCE OF THE GOVERNMENT PER AR 635-200”.

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

BOARD VOTE:

RVO_____  EW_____  SVW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017326	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19980206	
DISCHARGE AUTHORITY	AR 635-200, Chapter 4 	
DISCHARGE REASON	Completion of Required Active Service	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	A01.43	
2.		
3.		
4.		
5.		
6.