RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070000813 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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, corrections to Blocks (correctly known as Item) 11 (Primary Specialty) and 12d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) dated 7 October 2004.  He also requests award of the Special Forces Tab.

2.  The applicant states, in effect, that Item 11 of his DD Form 214 lists only one of his MOS’s instead of all the MOS’s he has held.  He also states, in effect, that Item 12d of his DD Form 214 was incorrectly calculated due to administrative error.  He finally states, in effect, that even though he was awarded 18B as his primary MOS, he was never awarded the Special Forces Tab.  

3.  The applicant provides copies of his DD Form 214(s), a copy of his Enlisted Record Brief (ERB), and a memorandum to the ABMCR in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant enlisted in the U.S. Army on 15 June 1977 and discharged on 31 October 1979.  Item 12c (Net Active Service This Period) show that he was credited with serving 2 years, 2 months, and 23 days of active military service and Item 29 (Dates of time Lost During This Period) shows that he lost a total of 55 days due to being Absent Without Leave (AWOL). 

2.  Records show that he enlisted in the Army National Guard (ARNG) on 25 May 1982 and transferred to the United States Army Reserve (USAR) on 23 May 1986.  Item 12c of the applicant’s DD Form 214, dated 1 October 1985 shows that he served on active duty from 5 November 1984 to 1 October 1985.  Item 12c (Net Active Service This Period) shows that he served 10 months and 
27 days on active duty and 12d shows that he had 2 years, 4 months, and 
11 days of total prior active service.

3.  On 25 January 1991, the applicant was ordered to active duty and was discharged on 20 March 1991, after serving 1 month and 26 days on this tour.  Item 18 of this DD Form 214 stated that a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information in items 12d.  

4.  On 24 March 2003, the applicant was ordered to active duty with the USAR and was discharged on 7 October 2004, after serving 1 year, 6 months, and 
14 days on this tour.  Item 12d of this DD Form 214 shows that he served
2 years, 4 months, and 17 days of total prior active service. 
5.  Item 11 of his DD Form 214, dated 7 October 2004, shows that during this period of active service he held 18B40, SF Weapons Sergeant, as his primary MOS for 1 year and 6 months.  

6.  The Enlisted Record Brief (ERB) dated 9 September 2004, submitted by the applicant, shows that during the active duty period 24 March 2003 to 7 October 2004 he served as a Operations NCO (noncommissioned officer), in MOS 18B4P. 

7.  Army Regulation 635-5 (Separation Documents) established standardized policy for preparing and distributing the DD form 214.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph
2-4h contains detailed instructions and source documents(s) for completing each item of the DD Form 214.  

8.  The regulatory instructions for preparation of the DD Form 214 provide for entering the active duty service completed during the period covered by the DD Form 214 being issued in Item 12c.  This total is arrived at by subtracting 12a (Date Entered Active Duty This Period) from Item 12b (Separation Date This Period) minus loss time.  The instructions for completing Item 12d states that the prior active service will be established from previously issued DD 214(s) and the total amount of active military service will be entered.  Item 11 is arrived at by entries from the ERB/ORB, the title of ALL MOS or AOC served for at least 
1 year during the period covered by the DD Form 214 being issued. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the Commander, U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWC), Fort Bragg, NC 28307-5000, is the award approving official for the Special Forces Tab.  Accordingly, the applicant’s request should be forwarded, through his chain of command, to that office.  The applicant has not provided any evidence that he has requested award of the Special Forces Tab to that agency.

10.  Since the applicant has not exhausted his administrative remedy in regard to his request for award of the Special Forces Tab, the ABCMR will not take any further action at this time.  The applicant may reapply, if necessary, after he has exhausted the administrative remedy described in the preceding paragraph.  Accordingly, this issue will not be further discussed.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show his total prior active service was carefully considered and found to have merit.  The applicant also contends that Item 11 of his DD Form 214 be corrected to show all the MOS’s held during his military career is found to be without merit since the DD Form 214 provides a snapshot of the most recent period of active duty service.  

2.  The evidence of record shows that the applicant served 2 years, 4 months and 17 days on his 1st active duty tour but lost 55 days for going AWOL.  Therefore, he was credited with serving 2 years, 2 months, and 23 days of active service.  He served 10 months and 27 days on his 2nd active duty tour and 
1 month and 26 days on his 3rd active duty tour.  As a result, it would be appropriate to amend Item 12d of this DD Form 214, dated 7 October 2004, to show that he served 3 year(s), 3 month(s), and 16 day(s) of total prior active service:

3.  The evidence of record shows that the applicant held the Primary18B4P during his most recent period of active duty as shown on the DD Form 214, dated 7 October 2004.  Therefore, he is entitled to have Item 11 of this DD Form 214, corrected to show 18B4P as his primary MOS during this period of active duty service.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KLW__  __LMD __  __MJF__ 2007/11/06  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 12d of his DD Form 214, dated 7 October 2004, to read 3 years, 3 months, and 16 days and Item 11 to read 18B4P, SF Weapons Sergeant, 
1 year and 6 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 annotating all MOS’s held on his DD Form 214.  



    __ Kenneth L. Wright  ____
          CHAIRPERSON


INDEX

CASE ID
AR20070000813
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/06
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.