BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000871 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000871 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 as follows: * deleting from item 7b (Home of Record at Time of Entry) the entry "Point Pleasant, OH" and adding the entry "Point Pleasant, WV" * adding to item 14 (Military Education" the entry "Headstart and Equal Opportunity Course, 2 weeks, February 1989" 2. The Board further determined 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: * upgrading his characterization of service to honorable * awarding him the Overseas Service Ribbon ______________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: 7 September 2017 DOCKET NUMBER: AR20160000871 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 an upgrade of his under honorable conditions (general) discharge to fully honorable. He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his home of record (HOR) as Point Pleasant, West Virginia (WV) vice Point Pleasant, Ohio (OH) * award of the Overseas Service Ribbon * all training courses completed 2. The applicant states: a. He is an Army veteran. He was proud to serve and was a good Soldier; however, because of some personal issues with his spouse, he started drinking too much alcohol, which caused him to receive two Article 15s. This ultimately resulted in his general discharge under honorable conditions. This surprised him because he was promised an honorable discharge. b. He also requests the Overseas Service Ribbon because he served 2 years and 5 months in Germany. Additionally, his DD Form 214 incorrectly lists his HOR in OH; it should be Point Pleasant, WV. His DD Form 214 is incomplete because it does not show all his training. It currently reflects only the Primary Leadership Development Course (PLDC) and Basic Airborne Course. c. His first alcohol-related incident occurred when he was 22 years old. He voluntarily took two courses to try and better himself: Remedial Driver's Training and 12-Hour Drug and Alcohol Awareness Education. He performed very well until he found out his wife had left him in Germany to live stateside and was pregnant. This was not his child as they hadn't been together for at least 4 or 5 months. This was extremely upsetting, so he started drinking again as a way to try and forget about his personal problems. At this time he was a young man, 24 years of age, and had no one else to turn to and/or help him through this difficult and stressful time. d. He graduated from Carpentry and Masonry Specialist Course after basic training and was awarded (military occupational specialty (MOS)) 51B. He was selected to attend jump school and graduated. He attended 232 hours at Fayetteville Technical Community College (near Fort Bragg, NC) for job-related education. He successfully graduated from PLDC. He competed in a Combat Engineer Sapper Stakes Competition and their team ranked in the top five of all teams within United States Army Europe (USAREUR). He was licensed to drive many Army vehicles. He always scored the maximum score (300) on the Army Physical Fitness Test. He also scored very high on all basic soldiering skill tests and MOS skill qualification tests. He qualified as an Expert or Sharpshooter on all assigned weapons. He took numerous other courses but he does not have the certificates because they were lost in a fire. At Fort Bragg, he volunteered within the community building a board walk over Moore's Creek. He volunteered for several other projects too. He received two Army Achievement Medals, several Certificates of Achievement, a Good Conduct Medal, and other accolades. e. In civilian life, he continued to live an honorable life; he has been sober since he got out of the Army. He has been steadily employed and never once did he collect unemployment checks. He is a union carpenter by trade. He is currently a construction coordinator overseeing several major projects. He has never had legal problems, other than a couple of speeding tickets. He remarried and they raised five sons together. He is very active in his church. He actively supports several non-profit organizations. He is a member of an Outreach Motorcycle Ministry and visits inmates weekly. His son is a disabled veteran (traumatic brain injury and post-traumatic stress disorder) and he volunteers countless hours helping homeless veterans and those living on the fringes of society through his Outreach Ministry. f. He believes an honorable discharge is warranted by all that he accomplished in the Army. On a personal level, it would mean that he could proudly hang up his Honorable Discharge Certificate in his home and on Veteran's Day feel that he has the right to stand up and acknowledge that he is a veteran. 3. The applicant provides: * Certificate of Training for the 51B Course * Certificate from the U.S. Army Reserve * Certificate of Enlistment * Airborne Course Diploma * Certificate of Achievement * National Park Service Certificate of Appreciation * Community College Certificate * Headstart and Equal Opportunity Certificate * Remedial Drivers Training Course Certificate * Drug and Alcohol Awareness Education Certificate * U.S. Army Europe Certificate of Achievement * U.S. Army Europe Certificate of Graduation (PLDC) * DA Form 1059 (Service School Academic Evaluation Report) * two Army Achievement Medal Certificates and Permanent Orders Number 56-02, dated 25 February 1991 * Army Good Conduct Medal orders * parachute duty orders * letter of appreciation * General Discharge Certificate CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) at the Columbus, OH, Military Entrance Processing Station (MEPS) on 31 July 1985. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document) shows "Belpre, OH 45714." His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows in: * Item 4 (HOR) – Belpre, Washington County, OH 45714 * Item 24 (Education) – he attended Belpre High School from September 1981 to June 1985 * Item 25 (Residences) – shows he was born in Point Pleasant, WV, and lived there from birth 3. He completed basic combat and advanced individual training at Fort Leonard Wood, MO, and he was awarded MOS 51B (Carpentry/Masonry Specialist). He was separated from the USAR on an unknown date. 4. His records show he enlisted in the USAR under the Delayed Entry Program (DEP) on 30 December 1986, also at the Columbus MEPS. Item 3 of his enlistment contract (DD Form 4) shows his HOR as Point Pleasant, WV. 5. He was discharged from the DEP on 3 February 1987 and enlisted in the Regular Army on 4 February 1987. He held MOS 51B and he also completed the 3-week Basic Airborne Course on 15 May 1987. 6. He served in Germany from 16 January 1989 to on or about 9 June 1991. He elected to serve a 3-year, with dependent tour, and was assigned to B Company, 293rd Engineer Battalion. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) does not show he was credited with an overseas tour. 7. While in Germany, he completed: * Headstart and an Equal Opportunity Course, 80 hours, from 30 January to 10 February 1989 * Remedial Driver's Training Course on 3 March 1990 (unknown duration) * Drug and Alcohol Awareness Education, 12 hours * PLDC, 4 weeks, from 23 November to 20 December 1990 8. His records contain an extensive history of negative counseling by members of his chain of command for various infractions including: * failing to wear his rank on his helmet and disobeying an order * multiple instances of failing to be at his appointed place of duty * multiple instances of being late to formation and/or missing two formations in one week * disruptive behavior and alcohol consumption * revocation of pass privileges * restriction from entering any facility that sells alcohol * arrest by law enforcement officers * revocation of ration card * being drunk and disorderly 9. On 1 March 1990, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for operating a passenger vehicle while drunk on 20 January 1990. His punishment consisted of a suspended reduction to E-2, forfeiture of pay, and extra duty and restriction. 10. On 9 April 1991, he was reprimanded by the Assistant Division Commander, U.S. Army Military Community Activity, Baumholder, Germany, for driving a vehicle while intoxicated on 16 March 1991. This letter of reprimand was filed in his official records. 11. On 29 April 1991, he again accepted NJP under the provisions of Article 15 of the UCMJ for operating a truck while drunk in a reckless manner and operating a vehicle while his USAREUR license was revoked. His punishment consisted of reduction to E-1, forfeiture of pay, and extra duty and restriction. 12. On 7 May 1991, in view of his repeated misconduct, he underwent a mental status evaluation. He was described as being fully alert and oriented with normal behavior and mood. His thought process was clear and his memory was good. He had the mental capacity to understand and participate in administrative proceedings. He was mentally responsible and met the retention standards of chapter 3 of Army Regulation 40-501 (Standard of Medical Fitness). He was cleared for administrative actions deemed appropriate by his chain of command. 13. On 14 May 1991, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(b) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for misconduct – a pattern of misconduct. The commander recommended the issuance of a General Discharge Certificate. The specific reason are: * two Article 15s for driving a passenger car while drunk and for driving a truck while drunk in a reckless manner * violating a general regulation * failing to wear rank on helmet * five instances of failing to be at his appointed place of duty * being drunk and disorderly * unacceptable behavior 14. On 14 May 1991, the applicant acknowledged receipt of the commander's notification of the intent to separate him. He was 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 waived consulting counsel, waived consideration of his case before an administrative separation board (if an under other than honorable conditions discharge was recommended), waived personal appearance before such board, and elected not to submit a statement on his own behalf. The applicant further acknowledged: * he understood that he could expect to encounter substantial prejudice in civilian life if a General Discharge Certificate was issued to him * he understood that as a result of the issuance of a discharge under other than honorable conditions, he could be ineligible for many or all benefits as a veteran under both Federal and State laws 15. Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him in accordance with chapter 14 of Army Regulation 635-200 for misconduct – pattern of misconduct. The immediate commander requested a waiver of rehabilitative transfer and recommended the issuance of a General Discharge Certificate. The applicant's intermediate commander recommended approval of the separation action, also with the issuance of a General Discharge Certificate. 16. Consistent with the chain of command's recommendations, the separation authority approved the separation action under the provisions of chapter 14, Army Regulation 635-200 by reason of misconduct and directed the issuance of a General Discharge Certificate. 17. On 22 May 1991, the 520th Personnel Service Company published Orders 122-20 ordering his reassignment to the U.S. Army Transition Point, Fort Jackson, SC, for separation effective 11 June 1991 (amended to 10 June 1991). These orders listed his HOR as "Point Pleasant, WV." 18. The applicant was discharged on 10 June 1991. His DD Form 214 confirms he was discharged under the provisions of chapter 14, Army Regulation 635-200 by reason of misconduct with a general under honorable conditions character of service. This form further confirms he completed a total of 4 years, 4 months, and 7 days of active military service and he had 4 months and 13 days of prior service. His total prior inactive service is shown as 1 year, 1 month and 22 days. This form shows in: * Item 7a (Place of Entry on Active Duty) – Columbus, OH * Item 7b (HOR at Time of Entry) – Point Pleasant, OH * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * Good Conduct Medal * Army Achievement Medal (1st Oak Leaf Cluster) * NCO Professional Development Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Item 14 (Military Education) – PLDC, 4 weeks, December 1990 and Basic Airborne Course, 3 weeks, May 1987 19. There is no indication the applicant petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Chapter 14 established policy and prescribed procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general under honorable conditions character of service, if such is merited by the Soldier's overall record. 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. * Item 7b shows the street, city, state, and zip code listed as the Soldier's HOR; HOR is defined as the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to active duty * Item 13 shows all awards and decorations * Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed 3. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. It defines HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. 4. Army Regulation 600-8-19 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army are eligible for the award for successful completion of overseas tours. DISCUSSION: 1. With respect to the character of service: a. The evidence of record shows the applicant displayed a pattern of misconduct consisting of multiple instances of driving while drunk, driving recklessly, failing to be at his appointed place of duty, being drunk and disorderly, and repeatedly displaying unacceptable behavior. Accordingly, his chain of command initiated separation action against him for misconduct. b. The evidence of record further shows the applicant's discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. c. There is no evidence the applicant was promised an honorable discharge. In the notification letter, the commander indicated that he intended to recommend a general discharge. Additionally, the separation authority approved an under honorable conditions (general) characterization of service. d. Based on his record of indiscipline, the separation authority considered the applicant's service not to have met the standards for Army personnel and did not rise to the level required for an honorable characterization of service. 2. As for the home of record, the available evidence shows the applicant disclosed his HOR as Point Pleasant, WV upon his enlistment in the Regular Army on 4 February 1987. His DD Form 214 inadvertently listed the state as "OH" instead of "WV." 3. As for his training, item 14 of the DD Form 214 shows formal in-service training courses completed during the period covered by the DD Form 214. a. The applicant completed training for MOS 51B (Carpentry and Masonry Specialist Course) before he enlisted in the Regular Army on 4 February 1987. He did not complete this training course during the period covered by the DD Form 214. b. He completed the 2-week Headstart and Equal Opportunity Course from 30 January to 10 February 1989, during the period covered by his DD Form 214. This course is not listed on his DD Form 214. c. The Remedial Driver's Training Course he completed on 3 March 1990 is of unknown duration and the Drug and Alcohol Awareness Education course was only 12 hours in duration. Training courses of 40 hours or more are listed on the DD Form 214. 4. The applicant elected to serve the "with dependent tour" in Germany. This tour was for 3 years. He completed 2 years, 4 months, and 25 days of his 3-year tour. His records do not show he was credited with an overseas tour during the period covered by his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000871 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2