BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160002627 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: 19 October 2017 DOCKET NUMBER: AR20160002627 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the Army Board for Correction of Military Records' decision in Docket Number AC98-11531, dated 28 October 1998 and to warrant a recommendation for partial relief of the applicant's new issue. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Promoting the applicant to specialist four (SP4)/pay grade E-4 effective 1 April 1985. b. Amending the following entries on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 April 1985. * Item 4a (Grade, Rate or Rank) - change to SP4 * Item 4b (Pay Grade) - change to E4 * Item 12h (Effective Date of Pay Grade) - change to 1 April 1985 * Item 18 (Remarks) - add the entry: "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" 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 changing his date of discharge. ___________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: 19 October 2017 DOCKET NUMBER: AR20160002627 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 reconsideration of his previous request to change his pay grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. As a new issue, the applicant requests his date of discharge (i.e., the date he was released from active duty) be changed to 19 April 1985 on his DD Form 214. 3. The applicant states he was promoted to pay grade E-4 on 1 April 1985 and he would like to have his correct rank shown on his tombstone. The discharge date on his DD Form 214 does not reflect 2 years of service and prevents him from receiving most Department of Veterans Affairs (VA) benefits. 4. The applicant provides: * Certificate of Promotion * Armed Forces of the United States, Reserve Components of the Army identification card * DD Form 214 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 AC98-11531 on 28 October 1998. 2. On 20 April 1983, the applicant enlisted in the Regular Army for 2 years. 3. On 25 August 1983, he was assigned to D Battery, 1st Battalion, 59th Air Defense Artillery, in Germany. 4. United States Army Regional Personnel Center, Mainz, Germany, issued the following orders concerning the applicant: a. Orders 28-34, dated 28 January 1985, reassigned the applicant to the United States Army Transfer Point, Fort Dix, NJ. The standard name line (SNL) identifies the applicant as a private first class (PFC)/pay grade E-3. b. Orders 87-10, dated 28 March 1985, amended Orders 28-34 to provide for a reporting date to the separation transfer point of 10 April 1985. The SNL identifies the applicant as a PFC. c. Orders 95-25, dated 5 April 1985, amended Orders 28-34 to show the applicant's rank as specialist four (SP4)/pay grade E-4. d. Permanent Orders 50-2, dated 5 April 1985, awarded the applicant the Army Good Conduct Medal. The SNL identifies the applicant as a SP4. 5. The applicant's record does not contain the instrument that promoted him to SP4. 6. The applicant provided a Certificate of Promotion indicating he was promoted to Specialist Four on 1 April 1985. His Armed Forces of the United States, Reserve Components of the Army identification card that would have been issued at the time of his release from active duty shows his grade as SP4/E4. 7. Headquarters, U.S. Army Training Center and Fort Dix, Orders 101-264, dated 11 April 1985, relieved the applicant from active duty, not by reason of physical disability, effective 11 April 1985. 8. The applicant's DD Form 214 shows in: * Item 4a (Grade, Rate or Rank) - PFC * Item 4b (Pay Grade) - E3 * Item 12b (Separation Date This Period) - 11 April 1985 * Item 12c (Net Active Service This Period) - 1 year, 11 months, and 22 days * Item 12h (Effective Date of Pay Grade) - 1 April 1984 * Item 28 (Narrative Reason for Separation) - Completion of term of service REFERENCES: 1. Title 10, United States Code, section 1171, provides for the early release of any regular enlisted member of an armed force within three months before the expiration of his or her term of service or extended enlistment. This law states that discharge under section 1171 does not affect any right, privilege, or benefit that a member would have had if he or she had completed their enlistment or extended enlistment, except that the service member is not entitled to pay and allowances for the period not served. 2. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of service obligations and participation requirements. Paragraph 3-7 of this regulation provides that for the purpose of satisfying the active duty requirement of a statutory or contractual obligation, officers and enlisted Soldiers are credited with completing 2, 3, 4, or 5 years of active duty when they serve to within 90 days of the 2, 3, 4, or 5 year period. 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The active duty grade or rank and pay grade at the time of separation was entered in Item 4a and 4b and the effective date of promotion was entered in Item 12h of the DD Form 214. 4. Army Regulation 635-5 (Separation Documents), dated 15 September 2000, provided for the following mandatory entry in Item 18 of the DD Form 214: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" to assist the State in determining eligibility for unemployment compensation entitlement. Routinely, a Soldier was not considered to have completed the first full term of active service if separation occurred before the end of the initial contracted period of service. An exception to this was if the narrative reason for separation on the DD Form 214 was "completion of required active service," then then entry was "has." DISCUSSION: 1. United States Army Regional Personnel Center, Mainz (Germany) Orders 95-25 amending the SNL on Orders 28-34 to show the applicant's rank as SP4 indicates he was promoted since his orders to the separation transfer point were issued. His orders for the award of the Army Good Conduct Medal also show his rank as SP4 in the SNL. The Certificate for Promotion, provided by the applicant, indicates he was promoted to SP4 on 1 April 1985. 2. The applicant's separation orders state the effective date of his relief from active duty was 11 April 1985. The entry in Item 12b of his DD Form 214 is correct. Amending this date to a later date would change his record to reflect active duty service he did not actually perform. 3. The applicant served to within 90 days of his 2 year contractual obligation. The applicant completed his first full term of service in accordance with law and Army Regulation. The narrative reason on his DD Form 214 is "completion term of service." 4. Although regulations in effect at the time of the applicant's separation did not provide for showing completion of first full term of service on the DD Form 214, current regulations direct an entry be made in the Remarks section of the DD Form 214. There is no harm in a recommendation to add the entry, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" in Item 18 of 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) AR20160002627 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002627 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2