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Decision Text

ARMY | BCMR | CY1996 | 9606169aC070209
Original file (9606169aC070209.TXT) Auto-classification: Approved
2.  The applicant requests, in effect, correction of item 11a (Primary Specialty) and item 12e (Total Prior Active Service) on his DD Form 214 (Certificate of Release from Active Duty).

3.  He was born on 20 December 1959.  He completed 12 years of formal education.  On 13 February 1990, he enlisted in the Regular Army for 4 years with 14 years and 3 days of prior inactive service and 2 months and 22 days of prior active service.  He completed the required training and was awarded military occupational specialty 31K10 (Combat Signaler).  The highest grade he achieved was pay grade E-4.

4.  On 4 July 1993, the applicant was honorably discharged in pay grade E-4, under the provisions of Army Regulations 635-200, chapter 16, paragraph 11, (Short length of time remaining on active duty precludes reassignment).  His DD Form 214 also indicated that he had completed 3 years, 
4 months and 22 days of active military service during this enlistment and 5 months and 25 days of prior inactive service.  He was authorized the Army Achievement Medal (two oakleaf clusters), the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal, the Kuwait Liberation Medal, the Army Service Ribbon, the Army Lapel Button and the Expert Badge M-16.

5.  Army Regulation 635-200, at the time, sets forth, the basic authority for separation of enlisted personnel.  Paragraph 16-11, applies to personnel assigned to installations or units scheduled for inactivation or permanent change of station, whose normal term of service expires during the 90 day period preceding the effective date of activation or change of station.  Personnel who cannot be effectively utilized within the other units at the same station, will be separated from service. 

6.  On 9 October 1996, the Army Board for Correction of Military Records denied the applicant’s requests.

7.  On 3 March 1997, the applicant submitted new evidence in support of his application, a certified copy of three periods of prior inactive service.   

CONCLUSIONS:

1.  The applicant submitted new evidence which indicated that item 12e (Total Prior Inactive Service) located on his DD Form 214 is incorrect.  After further review, the Board determined that item 12e, should be corrected to read 
14 years and 3 days of total prior inactive service.

2.  The applicant also requested item 11a located on his DD Form 214 be corrected.  However, there is no evidence in the applicant Official Military Personnel File which indicates that his Primary Specialty (item 11a), is in error, nor has the applicant submitted any documentary evidence which supports this allegation.

3.  While there does not appear to be any basis for granting the applicant’s additional request, there are equitable reasons for correcting item 12e on his DD Form 214.  

4.  In view of the foregoing, it would be appropriate to correct the applicant’s record as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Corrections to the DD Form 214), Certificate of Release or Discharge by correcting item 12e to read 14 years and 3 days of total prior inactive service.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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