ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 June 2019

	DOCKET NUMBER:  AR20170017500


APPLICANT REQUESTS: 

* Primary Leadership Development Course (PLDC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Honorable DD Form 214 for his first enlistment

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* 2 photocopied pictures
* PLDC Certificate, dated 8 February 1985
* Honorable Discharge Certificate, dated 10 November 1982

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States 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 he graduated from the military PLDC and it is not on his DD Form 214.  Also, he reenlisted in Germany and received an honorable discharge and that also is not on his DD Form 214.  On his second enlistment, he received an under other than honorable conditions discharge.  He requests these earned awards are added to his DD Form 214 because they were received.  His completion of the PLDC needs to be added to his military records because he graduated.  His honorable discharge that he physically received by his commander should also be added in his DD Form 214 because it was given for his first enlistment.  He has never tried to review his DD Form 214 and had lost his copy until recently.  He also has never tried to use any benefit until recently.  

3.  The applicant provides:

* 2 photocopied pictures of reenlistment
* PLDC Certificate, dated 8 February 1985, showing he successfully completed the course
* Honorable Discharge Certificate, dated 10 November 1982, showing he was honorably discharged prior to his first reenlistment

4.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the Regular Army on 1 May 1980.  He served in Germany from 12 January 1982 to 25 April 1983. 

	b.  He was honorably discharged on 9 November 1982 for the purpose of immediate reenlistment.  He was not issued a DD Form 214 because in October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of enlistment or reenlistment 

	c.  On 10 November 1982, he reenlisted with no break in service after completing 2 years, 6 months, and 8 days of active service.  

	d.  On completion of his Germany tour, he was reassigned to the 7th Infantry Division at Fort Ord, CA, where he completed the 4-week Primary Leadership Development Course on 8 February 1985, and then proceeded to Fort Gordon, GA.

	e.  On 13 August 1985, he was indicted by the State of on the following charges:

* Burglary
* Rape (4)
* Simple battery (misdemeanor)
* Wearing mask, hood, or device which conceals identity of wearer (misdemeanor)

	f.  On 19 September 1985, he waived formal arraignment.  On 11 February 1986 a jury found him guilty on all counts.  On 13 March 1986 he was sentenced to 41 years of imprisonment.  He was advised of his rights to appeal the verdict and to appeal to the Superior Courts Sentence Review Panel.

	g.  On 21 March 1986, his commander recommended he be discharged under the provisions (UP) of paragraph 14-5 (Conviction by Civil Court), Chapter 14 (Separation for Misconduct), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel).

	h.  On 2 April 1986, he was notified of proposed action and elected the following:


* requested a consultation with counsel
* waive consideration of his case by a board of officers
* indicated he intended to appeal the civil conviction
* indicated he understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions is issued to him
* indicated he understood that he may be ineligible for many or all benefits as a Veteran under both Federal and State laws and that he may expect to encounter substantial prejudice in civilian life
* indicated he understood that he may, up until the date the separation authority orders, directs, or approves his separation, withdraw this waiver and request that an administrative separation board hear his case
* indicated he understood that he will be temporarily or permanently ineligible to apply for enlistment in the United States Army after discharge

	i.  On 25 and 29 April 1986, his chain of command recommended approval.

	j.  On 15 May 1986, the separation authority approved the applicant's discharge from the United States Army UP of Chapter 14, AR 635-200, for conviction by a civilian court.  He directed reduction to the lowest enlisted grade and his service be characterized as under other than honorable conditions.

	k.  On 22 May 1986, he was discharged with an Under Other Than Honorable Conditions character of service.  His DD Form 214 (certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 14 of AR 635-200 with an under other than honorable conditions discharge.  He completed 5 years, 2 months, and 14 days of active service.  His DD Form 214 shows in:

* Block 13 (Decorations, Medals, Badges, Citations and campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Overseas Service Ribbon, Good Conduct Medal, Army Achievement Medal, and Marksmanship Badge (Rifle)
* Block 14 (Military Education) shows the entry "Radio Operator Course, 7 weeks, 1980"
* Block 18 (Remarks), does not mention his reenlistments or continuous honorable service

5.  On 28 January 1992, the applicant applied to the Army Discharge Review Board (ADRB) and the board denied him.  The ADRB determined that the applicant was properly and equitably discharged.

6.  By regulation, AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of AR 635-5 contains guidance on the preparation of the DD Form 214.  

	a.  Item 13, lists awards for all periods of service.

	b.  Item 14, lists in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	c.  Item 18 shows mandatory entries and/or entries too long for their respective block.  One of these entries pertains to reenlistment.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistments as prescribed above.

7.  Also b regulation (AR 635-5), effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.

8.  By regulation, AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.

9.  In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence submitted by the applicant and found within the military service record of the applicant, the Board concluded that the applicant had a prior period of honorable service and additional military training (PLDC) which is not currently depicted on his DD Form 214.  The Board recommended changing the DD Form 214 by adding those two items to more accurately depict the military service of the applicant.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding to:
* Item 13, Non-Commissioned Officer Professional Development Ribbon.
* Item 14, Primary Leadership Development Course, 4 weeks 1985
* Item 18, the statement “Continuous honorable service from 1 May 1980 to         10 November 1982”
	 
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 military records 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 of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of AR 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 shows the record of service.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  Item 13 shows self-explanatory.  Item 14 shows list in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  Item 18 shows mandatory entries and/or entries too long for their respective block.  One of these entries pertains to reenlistment.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistments as prescribed above.

3.  AR 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

	a.  3-7a(1) states an honorable discharge is a separation with honor.  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.  Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted.

	b.  3-7b(1) states a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  3-7b(2) states a characterization of under honorable conditions may be issued only when the reason for the member's separation specifically allows such characterization.  It will not be issued to members upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty.

	d.  3-7c states a discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.  It may be issued for misconduct, fraudulent entry, homosexuality, security reasons, or for the good of service in the following circumstances:

		(1) When the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Army.

		(2) When the reason for separation is based upon one or more acts or omissions that constitutes a significant departure from the conduct expected of members of the Army.

	e.  Paragraph 14-5. Conditions which subject member to discharge.  An individual will be considered for discharge and the case initiated and processed through the chain of command to the general court-martial convening authority when initially convicted by civil authorities, or action is taken which is tantamount to a finding of guilty.  This includes similar adjudication in juvenile proceedings.  For consideration of separation, the specific circumstances of the offense must warrant separation and the following conditions are present:

* A punitive discharge would be authorized for the same or a closely related offense under the MCM, 1969 (Rev), as amended; or
* The sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation

	f.  Paragraph 14-6. A member will be considered as having been convicted, or adjudged a juvenile offender, even though an appeal is pending or is subsequently filed.  A member subject to discharge under this regulation will be considered and processed for discharge even though he or she has filed an appeal or has stated his or her intention to do so.

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.

ABCMR Record of Proceedings (cont)	 AR20170017500


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