IN THE CASE OF:   
 



BOARD DATE:   29 September 2020DOCKET NUMBER:  AR20200002071 


APPLICANT REQUESTS: 

.correction of her DD Form 214 (Certificate of Release or Discharge from ActiveDuty) to show her name as shown on her DD Form 4 (Enlistment or ReenlistmentAgreement – Armed Forces of the United States), dated 28 November 1977

.reconsideration of her previous request for correction of her DD Form 214 toshow her character of service as honorable for her first enlistment from2 December 1977 through 8 June 1981



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.two DD Forms 149 (Application for Correction of Military Record under theProvisions of Title 10, U.S. Code, Section 1552), dated 20 November 2019 andundated

.DD Form 4, dated 28 November 1977

.DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of theUnited States), dated and 9 June 1981

.DD Form 214

.County Court of Common Pleas Judgment Entry, dated 29 August 1985

.Certification of Birth, dated 

.Social Security Card, dated 9 July 2019

.State Driver's License, dated 19 October 2019

.Department of Veterans Affairs (VA) Identification Card

.Charge Cards

.Two Letters, VA, dated 22 May 2017 and 22 November 2019



REFERENCES: 

1.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR.  The ABCMR begins its consideration of each casewith the presumption of administrative regularity.  The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.
2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents which are prepared for individuals upon retirement, discharge, orrelease from active military service or control of the Army.  It established standardizedpolicy for preparing and distributing DD Form 214.  The specific instructions for item 1(Name – Last, First, Middle) stated to enter the name in all capital letters.  For item 18(Remarks):

a.Enter the total number of days and inclusive dates of time spent in an excessleave status (example:  Excess Leave (Creditable for all Purposes Except Pay and Allowances) – 10 days:  780515-780624). 

b.Enter a list of enlistment periods for which a DD Form 214 was not issued(example:  Immediate Reenlistments This Period:  761210-791001, 791002-821001). 

c.There was no provision to enter continuous honorable active service at the timeof the applicant's discharge. 

3.Army Regulation 635-8 (Separation Processing and Documents), currently in effect,prescribes the transition processing function of the military personnel system.Paragraph 5-6 (Rules for Completing the DD Form 214) provides detailed instructionsfor data required in each block of the DD Form 214.

a.Block 1 (Name) states compare original enlistment contract or appointment orderand review official record for possible name changes.  If a name change has occurred, list other names of record in block 18 (Remarks). 

b.Block 18 states for Soldiers who have previously reenlisted without being issueda DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service from" (first day of service for which DD Form 214 was not issued) until (date before commencement of current enlistment).  Then enter the specific periods of reenlistments. 

FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the ABCMR in Docket NumberAR20100018096 on 11 January 2011.

2.The applicant states:

a.She divorced her former spouse and was granted permission to resume the useof her birth name as decreed by the County Court of Common Pleas. 

b.Her current DD Form 214 does not make any distinction for her honorable activeservice; it unjustly misrepresents the integrity of her honorable service from 2 December 1977 to 8 June 1981.  There are no prior disciplinary actions in her service record to warrant the unjust characterization attached to her entire service record. 

c.The less than honorable character of service she received occurred from a singleevent in which she had minimal involvement.  The error created barriers to her career advancement and undue mental and emotional stress.  She lost all sense of self-worth and believed she might never overcome the events suffered during her enlistment. 

d.A private community-based mental health outreach organization referred hercase to the local VA Medical Center where she receives treatment for managing post-traumatic stress disorder.  Through medicine and counseling, she can function as a productive citizen.  While the obstacle initiated by the service characterization remains, the hope of being a recognized productive contributor to society diminishes. 

3.She enlisted in the Regular Army on 2 December 1977.  Her DD Form 4 shows hername as shown on her birth certificate.

4.The DA Form 4187 (Personnel Action), dated 1 August 1978, shows she requesteda name change as a result of her marriage on 26 July 1978.

5.378th Personnel Service Company Orders 159-54, dated 8 June 1981, dischargedher effective 8 June 1981 for the purpose of immediate reenlistment.  Her last name isshown as her married name.

6.Her DD Form 4, dated 9 June 1981, shows she reenlisted on 9 June 1981.  Her lastname is shown as her married name.

7.Headquarters, U.S. Army Signal Center and Fort Gordon, Special Court-MartialOrder Number 15, dated 3 August 1983, shows she pled guilty and was found guilty ofthe following charges:

a.Charge 1:  violation of Article 81 (Conspiracy), Uniform Code of Military Justice(UCMJ), for wrongfully conspiring to commit an offense under the UCMJ, to wit:  wrongful distribution of marijuana, on or about 12 May 1983; and 

b.Charge II, specification 2:  violation of Article 134 (General Article), UCMJ, forwrongfully distributing 1 ounce, more or less, of marijuana to a member of the Fort Gordon Drug Suppression Team on or about 12 May 1983. 

c.Her sentence consisted of reduction to the rank/grade of private/E-1, forfeiture of$250.00 pay per month for 6 months, and a bad conduct discharge. 
d.Her sentence was adjudged on 6 July 1983.

8.Headquarters, U.S. Army Signal Center and Fort Gordon, Special Court-MartialOrder Number 1, dated 27 January 1984, states the provisions of Article 71(c)(Execution of Sentence) having been complied with, the sentence would be dulyexecuted.  Her last name is shown as her married name.

9.She was discharged on 21 September 1984.  Her DD Form 214 shows in:

.item 1 (Name (Last, First, Middle) – her married name

.item 12a (Date Entered Active Duty This Period) – 2 December 1977

.item 12b (Separation Date This Period) – 21 September 1984

.item 12c (Net Active Service This Period) – 6 years, 9 months, and 20 days

.item 18 (Remarks) –



.Excess Leave (Creditable for all Purpose Except Pay and Allowances) –434 days – 15 July 1983 through 21 September 1984

.Immediate Reenlistment This Period 2 December 1977 through 8 June 1981



.item 24 (Character of Service) – Bad Conduct

.item 28 (Narrative Reason for Separation) – As a Result of Court-Martial, Other



10.The County Court of Common Pleas Judgment Entry, dated 29 August 1985,shows the court decreed the applicant may resume the use of her birth name if shedesires.

11.Her driver's license, dated 19 October 2019; social security card, dated 9 July 2019;VA identification card; and credit cards; all show her last name as shown on her birthcertification.

12.The VA letter, dated 22 November 2019, shows she was granted a combinedservice-connected evaluation of 70 percent paid at the 100-percent rate effective15 July 2016 because she is unemployable due to her service-connected disabilities.Her last name is shown as on her DD Form 214.

13.On 11 January 2011, the ABCMR denied her request for issuance of a separateDD Form 214 showing her honorable service for the period 2 December 1977 through8 June 1981.  The Board determined:

a.The evidence of record shows she served honorably in an active duty status from2 December 1977 through 8 June 1981.  She reenlisted on 9 June 1981 and served until she was discharged on 21 September 1984. 

b.Army Regulation 635-3, in effect at the time, directed that effective 1 October1979, a DD Form 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. 

c.Since she served continuously on active duty from 2 December 1977 through21 September 1984, she was issued only one DD Form 214 to cover this period of service.  She is not eligible for the issuance of a separate DD Form 214 to show her honorable service from 2 December 1977 to 8 June 1981. 

BOARD DISCUSSION: 

After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief and amend the ABCMR decision set forth in Docket Number AR20100018096. 

1.Regarding the applicant’s request to correct her DD Form 214 to show her name asshown on her DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces ofthe United States), dated 28 November 1977, the Board sufficient evidence to grantrelief.  The record reflects that the applicant entered active service with the name she isrequesting.  It is within regulatory guidelines to reflect her given name in item 1 (Name)of her DD Form 214 and place her married name in item 18 (Remarks) because bothnames are reflected in her record.

2.Regarding her request to reconsider her previous request for correction of her DDForm 214 to show her character of service as honorable for her first enlistment from 2December 1977 through 8 June 1981 the Board agreed that partial relief waswarranted.  The Board found sufficient evidence that an injustice had occurred.  Theboard applied Office of the Secretary of Defense standards of clemency to the completeevidentiary record, including the applicant’s statement and found the statement,evidence of previous honorable service, and honorable post-service honorable conductto be compelling.  Furthermore, evidence indicates that the applicant’s dischargecharacterization was too harsh for the circumstances.  The applicant was a juniorenlisted Soldier at the time and the charges indicate that she was in possession of 1ounce or less of marijuana with intent to distribute the substance.  The Board found thatin the interest of equity, the applicant’s discharge characterization should be upgradedto General, Under Honorable Conditions, to be aligned with the service characterizationgiven to Soldiers discharged in similar circumstances for similar offenses.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:XX :XX :XX GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.   

1.As a result, the Board recommends that all Department of the Army records of theindividual concerned be corrected by amending the applicant’s DD Form 214 to show:

.the applicant's name, as recorded on her DD Form 4 will be listed in item 1(Name)

.her prior name (former married name) will be listed in item 18 (Remarks), and

.“General, Under Honorable Conditions” will be entered in item 24 (Character ofService)



2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to upgrading the applicant discharge to “Honorable”.


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. 

//NOTHING FOLLOWS//