PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001060499

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 his military records be corrected to show that he served honorably for the period of enlistment from 19 May 1978 to 
25 May 1981. 

3.  The applicant states, in effect, that he received both an honorable discharge and a bad conduct discharge (BCD), however, his separation document (DD Form 214) does not show his honorable service.  In support of his application, he submits a copy of his DD Form 214, dated 19 November 1982.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 19 May 1978.  He completed basic training and advanced individual training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  

5.   The record reveals no acts of valor, significant achievement, or service warranting special recognition.  However, it does contain a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on two separate occasions.  The first on 6 April 1979, for failing to go to his prescribed place of duty and the second on 11 June 1979, for violating a written order.  Also, on 
15 October 1979, he was convicted by a special court-martial of wrongfully transferring, possessing and using marijuana.

6.  The applicant received a waiver and was allowed to immediately reenlist for 3 years, which he did on 26 May 1981.

7.  On 30 September 1981, the applicant was convicted by a special court-martial of wrongfully possessing, transferring, and selling marijuana.  He was sentenced to be reduced to pay grade E-1, to be confined at hard labor for 4 months (that confinement in excess of 60 days was suspended for 6 months), to forfeit $200 pay for 4 months (that forfeiture in excess of $100 of pay for 2 months was suspended for 6 months) and to a BCD.  

8.  On 12 May 1982, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.  Accordingly, on 19 November 1982, the applicant was separated with a BCD pursuant to the special court-martial sentence. At the time of his separation, he had completed 4 years, 2 months and 27 days of creditable active military service and had accrued 96 days of lost time.

9.  On 28 September 1987, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

10.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214.  Paragraph 2-4, states in effect, that for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable the following entry will be made in block 18 (remarks) “Continuous Honorable Active Service” from (first day of service which DD Form 214 was not issued) until (date before commencement of current enlistment).

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his separation document does not account for his first period of honorable service and it finds this claim has merit.  

2.  By regulation, block 18 (remarks) of the DD Form 214 issued to soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable should contain an entry that shows any periods of honorable service for which a DD Form 214 was not issued.  

3.  The evidence of record confirms that the applicant initially entered active duty in the Regular Army on 19 May 1978 and served honorably until being discharged on 25 May 1981, for the purpose of immediate reenlistment.  On 
26 May 1981, he immediately reenlisted for 3 years and was separated from that period of service with a BCD.  

4.  Therefore, in accordance with the applicable regulation, the Board concludes that the applicant’s DD Form 214 should have contained the following entry in block 18 (remarks):  ”Continuous Honorable Active Service” 780519-810525 and it finds it would be appropriate to add it to his separation document at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the following in block 18 (remarks) of the applicant’s DD Form 214 dated 19 November 1982: "Continuous Honorable Active Service" 780519-810525.

BOARD VOTE:  

__FNE __  __BJE__  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn  __
						     CHAIRPERSON

INDEX

CASE ID	AR2001060499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.