PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 29 OCTOBER 2002
         DOCKET NUMBER: AR2002075085


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that item 12i (Reserve Obligation Term Date) on her 1988 Department of the Defense Form 214 (Certificate of Release of Discharge from Active Duty) be corrected to show that she had no remaining Reserve obligation. She also asks that the information contained in item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on that same form be corrected to show that she was a 91D (X-Ray Technician) vice the 35D Mil Intel Officers Basic, which is currently reflected in that item. The applicant notes that she initially enlisted in the United States Army Reserve in 1982 and her Reserve obligation expired in 1985.

3. Records available to the Board indicate the applicant initially enlisted in the United States Army Reserve on 22 May 1982 as part of the Delayed Entry/Enlistment Program. She was discharged from the Delayed Entry/Enlistment Program and enlisted in the Regular Army on 1 October 1982 for a period of 3 years. The applicant completed 10 weeks of training as a 91B (Medical Specialist) in February 1983 and performed duties in that specialty for the duration of her enlistment contract. She was promoted to pay grade E-4 and to pay grade E-5 in that specialty (91B20). On 30 September 1985 she was released from active duty and transferred to a United States Army Reserve Troop Program Unit in California. Her Reserve obligation date (item 12i) on her 1985 Department of the Defense Form 214 correctly reflects 30 September 1988. However, item 11 (Primary Specialty) incorrectly reflects that she served her initial enlistment in specialty 91A10.

4. The applicant remained a member of the United States Army Reserve following her release from active duty and continued to perform duties as a 91D. She was ordered to active duty on 18 September 1988 for the purpose of undergoing training as a 91D. She was released from active duty on
16 December 1988 following completion of 12 weeks of training. Her 1988 separation document indicates the applicant was separated on "temporary records and soldier's affidavit." Because she was separated on temporary records several items on the 1988 separation document were either omitted or recorded incorrectly, including her primary specialty (item 11), Reserve obligation information (item 12i), awards (item 13), and prior service information (items 12d-12g).

5. In 1989 the applicant was discharged from the United States Army Reserve and is currently a member of the United States Naval Reserve.

6. As a matter of information, in August 1984 she was awarded an Army Achievement Medal for meritorious service and in July 1985 she was awarded an Army Achievement Medal for meritorious achievement. Neither award is reflected on any of her separation documents. In August 1985 she was awarded an Army Good Conduct Medal that was also omitted from her separation documents. She was awarded a Driver and Mechanic Badge with "Driver-W" component bar in November 1987 and an Army Reserve Component Overseas Training Ribbon in June 1987. These awards were also omitted from her 1988 separation document.

7. Army Regulation 635-5 establishes the policies and procedure for the preparation and distribution of separation document. In pertinent part it states that item 11 (Primary Specialty) will reflect the titles of all specialties in which the soldier served for 1 year or more. It notes that the first five characters of the primary specialty will be recorded for enlisted personnel. Item 12i (Reserve Obligation Termination Date) will reflect completion of the statutory military service obligation incurred by a soldier on initial enlistment. Soldiers who entered military service prior to 1 June 1984 incurred a 6 years statutory service obligation. Item 13 (Awards) will reflect awards and decoration for all periods of service. Item 12d through item 12g refer to service information relevant to the applicant's service during the period of active service captured on the separation document and is self-explanatory.

8. Army Regulation 635-5 also states that once a Department of Defense Form 214 has been issued it will not be reissued unless the original Department of Defense Form 214 can not be properly corrected by issuance of a Department of Defense Form 215 or if the correction would require issuance of more than two Department of Defense Forms 215.

CONCLUSIONS:

1. The applicant's correct statutory service obligation termination date is correctly reflected on her 1985 separation document. She completed that obligation in May 1988 and as such no entry is required in item 12i on her December 1988 separation document.

2. The information contained in item 11 on her 1988 separation document is clearly incorrect. The applicant was initially trained, and performed duties, in specialty 91B and held a primary specialty of 91B20 at the time she was released from active duty in 1985. The Board notes that item 11 on her 1985 separation document indicates she served more than 2 years in specialty 91A. This information is also incorrect. Her 1985 separation document should reflect that she served in specialty 91B20 vice 91A10. Additionally, while the Board notes that the applicant completed training as a 91D as part of her active duty service in 1988, she did not hold that specialty for the required 12 months and as such, the information in that item should correctly reflect her service in specialty 91B. At the time of her December 1988 separation she would have held specialty 91B for 5 years and 10 months (anything 16 days or over constitutes an entire month). As such item 11 on her 1988 separation document should reflect "91B20/Medical Specialist/5 years and 10 months."

3. The applicant was awarded two Army Achievement Medals during her initial period of active duty. Only one is reflect on her 1985 separation document. Additionally, her Army Good Conduct Medal was omitted from the same document. Those awards, and the others already reflected on her 1985 separation document should also be reflected on her 1988 separation document, along with the Army Reserve Component Overseas Training Ribbon and the Driver and Mechanic Badge with "Driver-W" component bar, awarded in 1987.

4. The evidence available to the Board shows that the applicant had 3 years of prior active service (item 12d) at the time of her December 1988 separation from active duty; that she had 4 years, 1 month, and 27 days of prior inactive service (item 12e) and that she had no foreign (item 12f) or sea (item 12g) service during her period of active duty between August and December 1988.

5. Although the Board notes that the applicant merely requested correction of item 11 and item 12i on her 1988 separation document, the Board concludes that as long as those two items were being corrected it would be appropriate, and in the interest of justice, to correct the other items. The Board bases this conclusion on the fact that the 1988 separation document was prepared based on temporary records and that the applicant was informed that a Department of Defense Form 215 would be issued to provide for missing information on that form. However, because of the extensive revisions required to correct the applicant's 1988 separation document, the Board concludes that it would be appropriate, as an exception to policy, to issue the applicant a new Department of Defense Form 214 rather than correct the existing form via a 215. This is particularly true in view of the fact that the extensive corrections are likely to result in multiple Department of Defense Forms 215 to accomplish all of the necessary corrections. The issuance of a new 1988 Department of Defense Form 214, in this case, will simplify the amount of paper the applicant would be required to furnish to future employers or benefit providers.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

         a. by issuing the individual concerned a Department of Defense Form 215 to correct her 1985 Department of Defense Form 214 to show:

         1) in item 11 that she was a 91B20 at the time of separation vice 91A100000; and

         2) in item 13 that she was awarded the Army Good Conduct Medal and two awards of the Army Achievement Medal.

         b. by issuing the individual concerned a new Department of Defense Form 214 for her period of active duty ending in December 1988 to show:

                  1) in item 11 "91B20/Medical Specialist/5 years and 10 months;"

                  2) in item 12d – "03/00/00;"

                  3) in item 12e – "04/01/27;"

                  4) in item 12f – "00/00/00;"

                  5) in item 12g – "00/00/00;"

                  6) in item 12i – ''00/00/00" to denote completion of her statutory service obligation; and

                  7) in item 13 – all awards and decorations the applicant is entitled to, including the Army Good Conduct Medal and two awards of the Army Achievement Medal awarded during her initial period of active duty and the Army Reserve Component Overseas Training Ribbon and the Driver and Mechanic Badge with "Driver-W" component bar, awarded in 1987.

BOARD VOTE:

__KAK __ __TAP __ __BJL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Karol A. Kennedy____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075085
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021029
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.