ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  11 February 2020 DOCKET NUMBER:  AR20180001036 


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) be adjusted to reflect the following: 

.Block 18 (Remarks) “Member has not completed first full term” - delete

.Block 28 (Narrative Reason for Separation) “Misconduct, (Serious Offense)should read “Expiration term of service (ETS)”



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214

.Orders 131-2881

.Orders 406907

.Reservation as Infantry Recruit



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states his DD Form 214 shows he did not complete his first full term ofservice.  He states that is incorrect, in fact not only did he complete his first full term buthe completed more than his first full term.  He states his DD Form 214 also shows hehis reason for separation is correct and may be linked to his duty status beingincorrectly coded as AWOL (Absence Without Leave).  When he out processed to ETShe and his first line supervisor were shocked to find he was mistakenly coded as AWOL.He was required to receive a letter from his commander in order to out process theinstallation.  He reports he did not notice the errors on his DD Form 214 until long afterhe left the installation.  He states he knows he should have taken care of this a longtime ago but was not in a good place.  He is now in a good place with good peoplearound him, encouraging him to take care of this issue.

3.A review of the applicant’s records show:

a.4 February 2004 – he enlisted in the Delayed Entry/ Enlistment Program (DEP),he agreed to enlist in the Army Reserve for 8 years in the pay grade E-1. 

b.9 March 2004 – he enlisted in the Regular Army (RA) for not less than 3 yearsand 16 weeks. 

c.13 February 2007 – he received an Article 15 (nonjudicial punishment) forwrongfully used cocaine and Ecstasy. 

d.28 November 2007 – he again received an Article 15, for without proper authority,willfully damaging by spray painting “Money Fu--er” on his door and without authority failed to go at the time prescribed to his place of duty. 

e.21 March 2008 – the applicant received a memorandum subject: SeparationUnder AR 635-200, Chapter 14, Paragraph 14-12c (serious misconduct).  It shows he would be discharged from the RA and his service would be characterized as General. 

f.2 April 2008 – he received a Chapter 14-12c discharge with Under HonorableConditions (General), for Misconduct (Serious Offense) 

4.The applicant provided the following documents in support of his request:

a.DD Form 214 shows the applicant completed 4 years and 24 days of net activeservice as a Regular Army Service member and completed 3 years and 8 months as an Infantryman.  Block 18 “shows member has not completed first full term of service” and block 28 shows “Misconduct (Serious Offense).”  He was assigned Separation Code JKQ (Misconduct - Serious Offense).  

b.Orders 131-2881 – shows he was awarded the 11B1O Military OccupationalSpecialty (MOS) designator, effective 25 June 2004 or upon completion of MOS training. 

c.Orders 406907 – shows he enlisted in the Army and was assigned to  the 30thAdjutant General Battalion (Reception) Fort Benning, GA report date 8 March 2004. 

d.Reservation as Infantry Recruit – shows his title as Infantry Recruit, serving aterm of 3 year and 16 weeks. 

5.See References below.


BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his recordand length of service, his enlistment contract, the frequency and nature of hismisconduct, the notification of separation packet and the reason for his separation.  TheBoard found insufficient evidence to show that applicant was separated due toexpiration of term of service and that one of the NJPs was for failure to repair.  Basedupon a preponderance of evidence, the Board determined that the statement inRemarks regarding non-completion of his term of service and the reason for hisseparation with corresponding separation code were not in error or unjust.

2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 



X

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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations)Commission of a Serious Offense, shows a soldier may be separation for a commissionof a serious offense if the specific circumstances of the offense warrant separation anda punitive discharge would be authorized for the same closely related offense under theMCM and for the following reasons:

.An absentee returned to military control from a status of AWOL or desertion maybe separated for commission of a serious offense

.Abuse of illegal drugs is serious misconduct

.Per AR 600-85, 1 Oct 01 “All Soldiers, to include ARNG and USAR Soldiersordered to AD under the Title 10 US Code, who are identified as drug abusers,without exception.  Be processed for administrative separation IAW AR 600-200with the exception of self-referrals. In case where the chain of command hasreferred the matter to trial by court martial, administrative separation proceedingswill be delayed until the completion of the court marital process



3.Army Regulation 635-5 AR 635-8 (Separation Processing and Documents)prescribes policy and procedural guidance relating to transition management.  Itconsolidates the policies, principles of support, and standards of service regardingprocessing personnel for transition.  Chapter 5 states the DD Form 214 is a summary ofthe Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cutrecord of all current active, prior active, and prior inactive duty service at the time ofrelease from active duty, retirement, or discharge.  Paragraph 5-6 prescribes the rulesfor completing the DD Form 214.  It states:

a.Block 18 is used for Headquarters, Department of the Army mandatoryrequirements when a separate block is not available, or as a continuation for entries in selected blocks, or for selected conditional entries. One of the mandatory entries is "Soldier (Has) or (Has Not) Completed First Full Term of Service."  This information assists the State in determining eligibility for unemployment compensation entitlement 

b.To determine if an enlisted Soldier has completed the first full term of enlistment,refer to the enlistment contract and any extensions to those initial enlistment documents and compare the term of enlistment to the net service in block 12c (Net Active Service 
This Period) of the DD Form 214.  If Soldier has completed or exceeded the initial enlistment, enter "Has."  If block 12c of the DD Form 214 is less than the Soldier’s commitment, enter "Has Not."  
 
 c.  Routinely, an RA Soldier should not be considered to have completed the first full term of service if separation occurs before the end of the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.  A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is "Has."  
 
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