MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 4 November 2003
                  DOCKET NUMBER: AR2003089909

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

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: In effect, that his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to show his correct primary military occupational specialty (PMOS), to show all his awards and citations, his last rank and pay grade, last assignment or duty station, kind of separation, military education and total number of years service.

APPLICANT STATES: In effect, that his supervisor stated that the DD Form 214 that he has only shows his boot camp and ADT (active duty for training) service. He needs to show all awards and total number of years service for an upcoming promotion at his place of employment.

In support of his application, the applicant submitted thirteen documents, to include a copy of his DD Form 214, all of which are in his service personnel record.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the United States Army Reserve (USAR) in Chicago, Illinois, on 18 March 1981, for 6 years, in pay grade E-1, and was assigned to the 434th Field Artillery Brigade.

On 8 April 1981, the applicant was ordered to ADT. He was assigned to Fort Sill, Oklahoma, to undergo one station unit training, and on 3 July 1981, he was honorably released from ADT in the rank and pay grade, Private, E-1. At the completion of his ADT, he was awarded the military occupational specialty 13B, Cannon Crewman. The applicant was returned to the control of the Commander, 434th Field Artillery Brigade on his release from ADT. The applicant was provided a DD Form 214 to document this service in compliance with the applicable regulation.

The applicant was presented with a letter of appreciation dated 17 April 1982 from his commander for his efforts in helping to prepare for the unit's first command readiness inspection. The applicant was also presented a letter of appreciation, dated 12 June 1982, by his commander for providing assistance to a stranded woman motorist with a flat tire. These letters were presented outside the dates covered by the DD Form 214, and Army Regulation (AR) 635-5 precludes the inclusion of this accomplishment in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the DD Form 214.

On 12 December 1982, the applicant completed the Basic Course for Reserve Component Noncommissioned Officers conducted by the Noncommissioned Officers Academy, 5034th US Army Reserve School. For this professional

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development achievement, he was awarded the Noncommissioned Officer Professional Development Ribbon. This achievement was accomplished outside the dates covered by the DD Form 214 and therefore cannot be added to the DD Form 214.

The applicant was promoted to the rank and pay grade, Specialist Four, E-4, with a date of rank and effective date of 26 January 1984 by Orders 3-1, published by Headquarters Battery, 434th Field Artillery Brigade, dated 26 January 1984. This promotion was achieved outside the dates covered by the DD Form 214 and therefore cannot be added to the DD Form 214.

The applicant was awarded the Army Reserve Components Achievement Medal for the period 4 July 1981 through 3 July 1985, in a DA Form 2496, Disposition Form, Subject: Army Reserve Components Achievement Medal dated 16 May 1987. This award was received outside the dates covered by the DD Form 214 and therefore cannot be added to the DD Form 214.

The applicant was awarded the Army Achievement Medal for the period 11 to 25 May 1985, for meritorious service, in Permanent Orders 3-4, Headquarters, 434th Field Artillery Brigade, dated 30 August 1985. This award was received outside the dates covered by the DD Form 214 and therefore cannot be added to the DD Form 214.

The applicant was voluntarily reassigned to the 85th Division Maneuver Training Command with an effective date of 27 July 1986, for assignment to management designator, 76Y20, Unit Supply Specialist. This MOS was awarded on 26 January 1984, outside the dates covered by the DD Form 214 and therefore cannot be added to the DD Form 214.

On 6 December 1986, the applicant reenlisted for 2 years in the USAR while assigned to the 85th Maneuver Training Command, Fort Sheridan, Illinois. This was the applicant's final unit of assignment while he served in the USAR.

The applicant was ordered to ADT for the period 11 thru 23 September 1988 to perform in the MOS 76Y. This ADT was performed at Headquarters and Headquarters Company, Third US Army, Fort Gillem, Forrest Park, Georgia.

The applicant was honorably discharged from the USAR in the rank and pay grade, Specialist Four, E-4, on 5 December 1988, by DARP-PAT-R(N1) Orders D-11-091774, published by the US Army Reserve Personnel Center, on 30 November 1988. On his discharge from the USAR, the applicant had completed 7 years, 8 months, and 18 days service, including his 2 months and 26 days

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active duty for training. The applicant had no lost time while he served on ADT.

Army Regulation 635-5 prescribes policies and procedures regarding separation documents. The DD Form 214 is a summary of a soldier's most recent period of continuous active duty (emphasis added). Paragraph 2-1 a., which gives specific instructions when soldiers will be provided a DD Form 214 states, in pertinent part, is as follows:

a. Except as provided in paragraph b below, a DD Form 214 will be prepared for each soldier as indicated:

(2) Reserve component (RC) soldiers completing 90 days or more of continuous ADT,

(5) RC soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The DD Form 214 which was prepared and given to the applicant at the conclusion of his ADT on 3 July 1981 is correct and requires no changes.

2. The applicant completed an ADT period of training from 11 thru 23 September 1988. A DD Form 214 for the ADT was not issued because the provisions of AR 635-5 were not met or exceeded. The period of ADT was not 90 days or more of continuous ADT, and the ADT did not results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days.

3. The corrections and changes that the applicant contends should be made to his DD Form 214 all occurred outside the time frame covered by his separation document from his initial ADT.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___fe ___ ___gw___ ___au___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003089909
SUFFIX
RECON
DATE BOARDED	2003/11/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2. 6	100.0500
3. 8	100.0700
4.
5.
6.