RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20060012502 


	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.




	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, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected by:

	a.  correcting the years and months he served in military occupational specialty (MOS) 71L (Administrative Specialist) in item 11 (Primary Specialty);
 
b.  correcting item 12a (Date Entered Active Duty [AD] This Period) from 
28 March 1978 to 13 August 1975; 

c.  correcting item 12c (Net Active Service This Period) from 17 years, 
5 months, and 2 days to 20 years and 17 days;

d.  removing the service shown in item 12d (Total Prior Active Service) that is being incorporated into item 12c(Record of Service); and 

e.  showing that he completed Ranger Training in item 14 (Military Education). 

2.  The applicant also requests, in effect, that he be promoted from staff sergeant(SSG)/pay grade E-6 to a higher grade.  

3.  The applicant essentially states that the above items need to be rectified.  He also states, in effect, that he retired from the Department of the Army Casualty Operations Center as an Operations Sergeant with 11 years time in grade. 

4.  The applicant provides his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 August 1995, the date of his retirement from the Regular Army.  The application submitted in this case is dated 22 August 2006.

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 retired from the Regular Army on 31 August 1995 in the rank of SSG after serving over 20 years of continuous enlisted active duty service.

4.  Item 11 of the applicant’s DD Form 214 shows that he possessed MOS 71L for 17 years and 5 months.  However, his military records show that he possessed MOS 71L for 19 years and 8 months.

5.  Item 12a of the applicant’s DD Form 214 shows that he entered active duty on 28 March 1978.  However, the applicant actually entered active duty on 
13 August 1975.  It should be noted that the applicant’s active duty service from 
13 August 1975 to 27 March 1978 was documented by a DD Form 214 issued on 27 March 1978 that was authenticated by the applicant and is contained in his official records.

6.  Item 12c of the applicant’s DD Form 214 shows that he served for 17 years, 
5 months, and 2 days.  Item 12d of the same form shows that he had 2 years, 
7 months, and 15 days of active service prior to 28 March 1978, which was documented in a previously issued DD Form 214.  

7.  Item 14 of the applicant’s DD Form 214 does not show that he completed Ranger training.  The applicant stated that he completed Ranger training; however, there is no evidence in the applicant’s military records that he completed Ranger training.

8.  The applicant essentially stated that he should have been promoted from SSG/pay grade E-6 to a higher grade.  He also stated, in effect, that he retired from the Department of the Army Casualty Operations Center as an Operations Sergeant with 11 years time in grade. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214, including block 12 (Record of Service).  It states, in pertinent part, that in item 12a, enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.  It also states that in item 12b (Separation Date This Period), enter the Soldier’s transition date.  It further states that in item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b.  Prior to 1 October 1979, a DD Form 214 was issued for immediate reenlistments.  However, effective 1 October 1979, a DD Form 214 was no longer issued for immediate reenlistments where individuals were separated for 24 hours or less.

10.  Chapter 4 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs centralized enlisted promotions to sergeant first class and above.  Paragraph 4-3 of this regulation provides, in pertinent part, that Soldiers who are not selected for promotion will not be provided specific reasons for nonselection.  

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

	a.  correcting the years and months he served in MOS 71L in item 11;

b.  correcting item 12a from 28 March 1978 to 13 August 1975; 

c.  correcting item 12c from 17 years, 5 months, and 2 days to 20 years and 17 days;

d.  removing the service shown in item 12d that is being incorporated into item 12c;  and 

e.  showing that he completed Ranger Training in item 14 (Military Education); and 

2.  The applicant also contends that he be promoted from SSG/pay grade E-6 to a higher grade.  

3.  Evidence of record shows that the applicant possessed MOS 71L for 19 years and 8 months; therefore, he is entitled to correction of item 11 of his DD Form 214 to show this fact.

4.  The applicant entered active duty on 13 August 1975 and served until his discharge for immediate reenlistment on 27 March 1978.  He reenlisted on 28 March 1978 and served on continuous active duty in an enlisted status until his retirement on 31 August 1995.  Inasmuch as the applicant’s active duty service from 13 August 1975 to 27 March 1978 was documented by another DD Form 214, he is not entitled to correction to item 12a of his DD Form 214 to show that he entered active duty on 13 August 1975.

5.  After the applicant was issued a DD Form 214 for his service from 13 August 1975 to 27 August 1978, the applicant was on continuous active duty from 13 August 1975 to 31 August 2005, which basic office computation shows was 17 years, 5 months and 2 days.  Therefore, he is not entitled to correction of item 12c of his DD Form 214 to show that he served 20 years and 18 days.  He is also not entitled to correction of item 12d of his DD Form 214 by removing the prior active service shown in this block, as this service is being properly documented by the DD Form 214 issued on 27 March 1978.

6.  As there is no evidence that the applicant completed Ranger training, there is no basis for adding it to his military records.

7.  While the Board does not doubt the veracity of the applicant’s contention that he should have been promoted above the rank of SSG, the specific reason or reasons he was not selected for promotion are unknown.  In the absence of any evidence which shows that a material error existed in the applicant’s military records when he was considered for promotion, or that an error occurred during the promotion selection board proceedings, regularity must be presumed in this case.  In view of the foregoing, there is no basis for promoting the applicant above the rank of SSG.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 August 1998.  The applicant did not file within the 3-year statute of limitations; however, it would be in the interest of justice to excuse failure to timely file based on the partial relief being granted in this case.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JA___  __JP____  ___JM __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 11 of his DD Form 214 to show that he possessed MOS 71L for 19 years and 8 months.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

a.  correcting item 12a of his DD Form 214 to show that he entered active duty on 13 August 1975;

b.  correcting item 12c of his DD Form 214 to show that he served 
20 years and 18 days of active duty service; and

	c.  correcting item 12d of his DD Form 214 to remove the prior active service shown in this block.

d.  showing that he completed Ranger training; and promoting him above the rank of SSG/pay grade E-6
 



____James Anderholm_______
          CHAIRPERSON


INDEX

CASE ID
AR20060012502
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070626
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0100.0000
2.
131.0000.0000
3.
118.0000.0000
4.

5.

6.