IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080000019 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 16 April 2005 [sic], be corrected as follows:

	a.  Item 2 (Department, Component and Branch) to show "Army/ARNG";

	b.  Item 4a (Grade, Rate, or Rank) and Item 4b (Pay Grade) to show 
"SPC – E-4";

	c.  Item 6 (Reserve Obligation Term Date) to show “2005/02/04”; 

	d.  Item 11 (Primary Specialty) to show "71M10  Chaplain Assistant  8 yrs. – 2 mo."; 

	e.  Item 12a (Date Entered Active Duty This Period) to show “1997-04-15”;

	f.  Item 12b (Separation Date This Period) to show “2005-04-15”;

	g.  Item 12d (Total Prior Active Service) to show 21 mo.; 

	h.  Item 12e (Total Prior Inactive Service) to show "6 ys-2 mo-25 days";

	i.  Item 12f (Foreign Service) to show "1 yr-1 mo.-16 days";

	j.  Item 12h (Effective Date of pay Grade) to show "1997-02-05"; and

	k.  Item 14 (Military Education) to show "Chaplain Assistant, 8 wk, Aug 1997."

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors that impact his employment, retirement points, and/or reentry into the armed forces.

3.  The applicant provides the following additional documentary evidence in support of his application:  

	a.  DD Form 214 with an effective date of 8 April 2005;

	b.  DA Form 2A (Personnel Qualification Record), dated 15 December 2004;

	c.  Diploma, dated 8 August 1997, showing completion of Advanced Individual Training Course, 71M (Chaplain Assistant); and 

	d.  National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), dated 15 December 2004.   

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 5 February 1997.  Section IV (Service Obligation) of his DD Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment) contains the following statement “I will incur a statutory military service obligation of 8 years and a contractual obligation to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve unless I voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit.”  

2.  The applicant was ordered to initial active duty for training (IADT) on 15 April 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71M (Chaplain Assistant).  He was honorably released from active duty for training and reverted back to his USAR status on 9 August 1997.  The DD Form 214 he was issued shows he completed 3 months and 25 days of creditable active military service.


3.  On 2 January 2003, the applicant was ordered to active duty as a member of his USAR unit in support of Operation Enduring Freedom and subsequently served in Kuwait from 14 January 2003 to 8 June 2003.  He was honorably released from active duty on 9 July 2003.  The DD Form 214 he was issued shows he completed 6 months and 9 days of creditable active military service.  It also shows his MOS as 51M10, Chaplain Assistant.  This change was made due to an Army enlisted MOS restructuring during which MOS 71M was changed to MOS 51M.

4.  On 18 October 2004, the applicant enlisted in the Washington Army National Guard (WAARNG), in the grade of SPC/E-4, for a period of 1 year.  He was subsequently involuntarily extended for the convenience of the government through 24 December 2031, in accordance with the implementation guidance for suspension of voluntary separation of officers and enlisted Soldiers assigned to alerted or mobilized units.

5.  On 16 December 2004, Headquarters Military Department, State of Washington, Office of the Adjutant General, Camp Murray, Washington, published Orders 351-07, awarding the applicant MOS 56M10, effective 18 October 2005.  This was in response to the Reserve components converting to the new Army MOS structure.

6.  On 16 December 2004, the applicant was ordered to active duty as a member of his WAARNG unit in support of Operation Iraqi Freedom.  However, a medical fitness for duty evaluation determined that the applicant was medically disqualified for continued service in the WAARNG and the WAARNG discharged him from the Army national Guard and as a Reserve of the Army effective 25 March 2005.  He was subsequently honorably discharged from active duty on 8 April 2005.  The DD Form 214 he was issued at the time of his discharge shows the following entries:

	a.  Item 2 contains the entry "Army/ARNG";  

	b.  Item 4a contains the entry "SPC" and 4b contains the entry "E4"; 

	c.  Item 6 contains the entry “0000 00 00”; 

	d.  Item 11 contains the entry "56M10  00  CHAPLAIN ASSISTANT--0 YRS-4 MOS//NOTHING FOLLOWS";

	e.  Item 12a contains the entry “2004  12  16”;

	f.  Item 12b contains the entry “2005  04  08”;

	g.  Item 12d contains the entry “SEE BLOCK # 18”;

	h.  Item 12e contains the entry “SEE BLOCK #18”;

	i.  Item 12f contains the entry “0000  00  00”;  

	j.  Item 12h contains the entry “1999  02  05” and

	k.  Item 14 contains the entry “None/Nothing Follows.”  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  Item 2 shows the Component, in all capitals, by comparing the Enlisted/Officer Record Brief (ERB/ORB) to the Soldier’s contract, and entering: for officers and enlisted soldiers “RA,” “ARNGUS,” or “USAR;” for USMA cadets, "Army-USMA- Cadet”;

	b.  Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation, from ERB/ORB;

	c.  Item 6 shows the Soldier's Reserve Obligation Termination date.  This is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Department of Defense (DOD) policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 Jun 84 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the RA, ARNG, or the USAR to include the Delayed Entry Program (DEP).  DEP time is credited in computing this date.  For a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter “00  00  00.”  Soldiers within 90 days of their MSO termination date at separation are considered to have completed their MSO;


	d.  Item 11 shows the Primary Specialty.  Obtained from the ERB/ORB, this entry shows the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT; and

	e.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

		1.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

		2.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

		3.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted and such time will be identified in block 18. 

		4.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”

		5.  Item 12e is obtained from previously issued DD Forms 214 and/or ERB/ORB, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO, and will be entered in block 18.

		6.  Item 12f is obtained from the ERB/ORB, shows the total amount of foreign service completed during the period covered in block 12c of the DD Form 214.
		7.  Item 12h is obtained from the most recent promotion order (or reduction instrument), shows the effective date of promotion to the current pay grade.


	f.  Item 14 shows the Soldier’s Military Education, from ERB/ORB, by listing formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, and year completed. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed a total of 10 months and 4 days of prior active duty training (3 months and 25 days during his IADT and 6 months and 9 days during his first call to active duty in 2003) which is not shown on his DD Form 214, dated 8 April 2005.  Therefore, he is entitled to correction of Item 12d (Total Prior Active Service) of this DD Form 214 to show a total of 10 months and 4 days of total prior active service.

2.  The evidence of record shows that the applicant completed a total of 6 years, 11 months, and 24 days of inactive USAR and ARNG service, and is entitled to correction of Item 12e (Total Prior Inactive Service), as follows:

	a. he enlisted in the USAR on 5 February 1997 and was separated on 17 October 2004.  During this period, he completed 10 months and 4 days of active service and 6 years, 10 months and 8 days of inactive service; and

	b.  he enlisted in the ARNG on 18 October 2004 and was discharged on 8 April 2005.  During this period, he completed 3 months and 23 days of active service, and 1 month and 16 days of inactive service. 

3.  The evidence of records shows that the applicant completed 4 months and 26 days of foreign service as shown on his DD Form 214, dated 9 July 2003. There is no evidence of any other foreign service completed by the applicant.  Therefore, he is entitled to correction of Item 12f (Foreign Service) to show 4 months and 26 days of foreign service.

4.  With respect to the applicant's other administrative corrections, the evidence of record shows that:

	a.  the applicant enlisted in the WAARNG on 18 October 2004.  He was ordered to active duty on 16 December 2004 and was discharged and reverted back to his ARNG status on 8 April 2005.  Since the DD Form 214 is used by all services within the DOD, Item 2 shows the applicant's component within DOD, Army, and his component within the Army, ARNG.  Therefore, the entry in Item 2 requires no further correction;

	b.  the applicant was discharged on 8 April 2005.  For a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, the entry “00 00 00” is shown in Item 6 of the DD Form 214.  Therefore, the entry in Item 6 requires no further correction; 

	c.  the applicant was promoted to SPC/E-4 on 5 February 1999.  The applicant’s record is void of promotion orders to sergeant (SGT)/E-5 or reduction orders to PFC/E-3.  Therefore, the entries in Items 4a, 4b, and 12h are correct and require no further correction;

	d.  the applicant was ordered to active duty on 16 December 2004 and was honorably discharged on 8 April 2005.  Therefore, the entries in Items 12a and 12b are correct and require no further correction;

	e.  the applicant was awarded primary MOS 56M on 16 December 2004 and was honorably discharged on 8 April 2005.  Therefore, he served a total of 
4 months in MOS 56M, which is correctly shown in Item 11 and requires no further correction; and

	f.  the applicant completed formal training for MOS 71M during his IADT and this formal training is shown on his DD Form 214, dated 9 August 1997.  This MOS was redesignated as 56M on 1 October 2004 and all Soldiers who had previously completed MOS 71M were redesignated as 56M.  Therefore, there is no requirement to show this course in Item 14 of the applicant’s DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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:

	a.  adding the entry "0000  10  04" to Item 12d of the applicant's DD Form 214, dated 8 April 2005; 

	b.  adding the entry "0006  11  24" to Item 12e of the applicant's DD Form 214, dated 8 April 2005; and 

	c.  adding the entry "0000  04  26" to Item 12f of the applicant's DD Form 214, dated 8 April 2005. 

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 the applicant's component; rank and pay grade; Reserve obligation term date; primary specialty; date entered active duty this period; separation date this period; military education; and effective date of pay grade.




							XXX
       _   _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000019



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ABCMR Record of Proceedings (cont)                                         AR20080000019



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