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ARMY | BCMR | CY2005 | 20050017141C070206
Original file (20050017141C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017141


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 12a (Date entered
AD This Period), of his DD Form 214 (Certificate of Release or Discharge
from Active Duty), dated 31 July 1987, to show the entry "1986 01 17"
(17 January 1986).

2.  The applicant states, in effect, that his records reflect that he
entered active duty (AD) on 23 June 1987; however, he actually enlisted on
17 January 1986 under the Split Option Training Program.  He attended
drills during this period with the 3rd Battalion, 92nd Field Artillery, and
attended basic combat training (BCT) from June through August 1986.

3.  The applicant provides a copy of his DA Form 214, dated 31 July 1987
and a copy of his DA Form 2-1 (Personnel Qualification Record-Part II) in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1987, the date of his release from active duty for
training (ADT).  The application submitted in this case is dated
11 November 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted in the United
States Army Reserve (USAR), under the Split Option Training Program, on
17 January 1986, as a cannon crewman (13B), for 8 years.  He completed
2 months of BCT from June to August 1986.  He was advanced to pay grade E-2
effective 1 November 1986.  He entered ADT on 23 June 1987 and was released
from ADT on 31 July 1987.

4.  Item 39 (Remarks), of his DD Form 1966/4 (Enlistment/Reenlistment
Document), indicates that the applicant would attend BCT on 20 June 1986
and his advanced individual training (AIT) was Split Training.

5.  Item 35 (Record of Assignments), of his DA Form 2-1, shows the entry
"USAR 860117-870622 (17 January 1986 – 22 June 1987) 01 yrs 05 mos (months)
     06 days, Trainee IADT [Initial Active Duty for Training] (SPLIT) 02
mos 00 days; and the entry IADT (SPLIT) 870623-870731 (23 June 1987 through
31 July 1987) 01 mos 09 days (sic 1 months and 8 days)."

6.  The applicant's 2 months of BCT and his 1 month and 8 days of active
service for his Split Option Training/AIT total 3 months and 8 days of net
active service.

7.  The applicant's provides a copy of his DD Form 214, dated 31 July 1987.
Item 12a, of his DD Form 214, dated 31 July 1987, shows he entered AD on
23 June 1987, and item 12b (Separation date this Period), shows the entry
31 July 1987.  Item 12c (Net Active Service This Period), shows the entry
     "00 01 09 (1 months and 9 days), item 12d (Total Prior Active
Service), shows the entry 00 02 00 (2 months), and item 12e (Total Prior
Inactive Service) shows the entry "01 03 06" (1 year, 3 months, and
6 days).

8.  The applicant continued to serve until he was honorably discharged from
the USAR on 22 October 1987, in order to reenlist.

9.  The applicant's reenlisted in the USAR on 23 October 1987, for 8 years.
 He enlisted in the Regular Army (RA) on 18 November 1987 and entered AD on
the same day.  He was advanced to pay grade E-4 effective 1 December 1988.
He continued to serve until he was released form active duty (REFRAD) on
29 November 1991.  He had completed 4 years and 12 days of net active
service.

10.  Item 12c, of his DD Form 214, dated 29 November 1991, shows the entry
 "04 00 12 (4 years and 12 days), item 12d, shows the entry 00 03 08
(3 months and 8 days), and item 12e, shows the entry "01 06 23" (1 year,
6 months, and 23 days).

11.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that item 12a (Date Entered AD this Period) will
be completed to show the beginning date of the continuous period of AD for
issuance of the present DD Form 214, for which a DD Form 214 was not
previously issued.  It also states that item 18 (Remarks) is used for
entries required by Headquarters, Department of the Army, for which a
separate block is not available and for completing entries that are too
long for their blocks, and items such as immediate reenlistments.

12.  The same regulation in effect at the time states that a DD Form 214
will be prepared for all personnel after completing IADT, which resulted in
the award of an MOS (Military Occupational Specialty), even though the
active duty was less than 90 days.  This includes completion of AIT under
the ARNGUS (Army National Guard of the United States) Alternate Training
Program or USAR Split Option Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR on
17 January 1986, under the Split Option Training Program.  He completed
BCT, which was 2 months in duration (that began on 20 June 1986 and
apparently ended on 19 August 1986), and AIT, under the Split Option
Training Program, from 23 June 1987 to 31 July 1987, which was 1 month and
8 days in duration, for a total of 3 months and 8 days of active service.

2.  The applicant was issued a DD Form 214 on 31 July 1987, for completion
of 1 month and 9 days of net active service, and 2 months of total prior
active service, for a total of 3 months and 8 days of AD service.

3.  The applicant's BCT was continuous and his AIT, under the Split Option
Training Program, was not.  He was awarded the primary military
occupational specialty (PMOS) of 13B.  Therefore, there is no basis to
change item 12a, of his DD Form 214, dated 31 July 1987 to show the entry
"86 01 17" (17 January 1986).  His DD Form 214, dated 31 July 1987, is
correct as currently constituted.

4.  The applicant reenlisted in the USAR on 23 October 1987 and enlisted in
the RA on 18 November 1987 and remained until he was REFRAD on 29 November
1991.  His DD Form 214, dated 29 November 1991, clearly shows the time he
served while he underwent his BCT and AIT in item 12d.

5.  The Board notes that the applicable regulation provided for item 18 to
be used for entries required by Headquarters, Department of the Army, for
which a separate block is not available and for completing entries that are
too long for their blocks, and items such as immediate
reenlistments.

6.  It is apparent that the applicant's DD Form 214, dated 31 July 1987,
does not show his actual enlistment date of 17 January 1986, his BCT
period, his enlistment for the Split Option Training Program, and his Split
Option Training/AIT.

7.  Therefore, based on the foregoing and in the interest of justice,
equity, and compassion, it is recommended that the applicant's DD Form 214,
dated 31 July 1987, be corrected to show that he enlisted on 17 January
1986 under the Split Option Program, attended BCT from June through August
1986, and completed his Split Option Training/AIT.  Therefore, he is
entitled to correction of item        18 (Remarks), of his DD Form 214, to
show the entry "Enlistment under the Split Option Training Program:  860117
– 870622// BASIC COMBAT TRAINING:  860620 - 860819; and Split Option
Training/AIT:  870623 – 870731//NOTHING FOLLOWS.

BOARD VOTE:

_PMT___  __JBG___  __CLG__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he is entitled to show the entry "Enlistment under the Split
Option Training Program:  860117 – 870622// BASIC COMBAT TRAINING:  860620
- 860819; and Split Option Training/AIT: 870623 – 870731///NOTHING FOLLOWS,
in item 18 (Remarks), of his DD Form 214, dated 31 July 1987.




                                  _____Curtis L. Greenway ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017141                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19911129                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 5                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|                        |                                        |
|                        |                                        |
|6.                      |                                        |



NOTES               DA FORM 2-1—ITEM 35
ENL IN USAR  17 JAN 86
ENDING DATE  22 OCT 87 (FIRST CONTRACT FROM USAR)

BCT 2 MONTHS    IADT SPLIT  870623-870731

870731
870623

       1 08   1 MONTH/8 DAYS

TOTAL FOR BCT AND SPLIT

3 MONTHS AND 8 DAYS

87 10 22                                                           1  09
06
86 01 17                                                                 3
08
                                                                         1
  5  28
01 09 05                                                           1    5
29
            1
01 09 06    1 YR/ 9 MONTHS/6 DAYSA

TOTAL 3 MONTHS/8 DAYS  FOR FIRST PERIOD OF SERVICE---

REENLIST IN USAR
23 OCT 87  (23 OCT 87 TO 17 NOV 87—

          (47)
87 11 17
87 10 23
          24
          01
          25 DAYS

ENLIST IN RA 18 NOV 87 -- REFRAD 29 NOV 91

91 11 29
87 11 18
 4  0    11
             1
 4       12

1 05 29 PRIOR INACTIVE SVC  PLUS INACTIVE SVCE FROM 2ND CONTRACT
25 DAYS

1 05 29
         25
1  06 24  NOTE ITEM E DD 214 SHOWS 1 YR 6 MONTHS 23 DAYS
(1 DAY OFF ON MY CALCULATIONS) -----DD 214 IS CORRECT


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