IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080011322 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the correct dates of entry on and release from active duty, and all his enlistment dates, units, branches, military occupational specialties (MOS), and weapons qualifications.  Specifically, he requests:

	a.  Item 11 (Primary Specialty) to show 11B (Infantryman) 5 months and 8 days in the Delayed Entry Program (DEP) and 3 years and 10 days in the Regular Army; on the job training (OJT) for MOS 64C (Truck Driver); and 31K (Command Signaler) for 3 years, 6 months, and 1 day; 

	b.  Item 12d (Total Prior Active Service) to show 6 years, 6 months, and 11 days; 
	
	c.  Item 12e (Total Prior Inactive Service) to show 1 year, 4 months, and 4 days;  

	d.  Item 12i (Reserve Obligation Term Date) to show “1985  10  01”; 

	e.  Item 13 Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Expert Marksmanship Qualification Badges with Rifle Bars (M-16 and M-14); Pistol, Grenade, Grenade Launcher, Antitank Rocket Launcher, and Machinegun (M-60) Bars; and the Cold War Certificate; and    

	f.  Item 14 (Military Education) to show completion of the one-week Nuclear, Biological, and Chemical (NBC) Decontamination of Self and Vehicles Course, completed in 8007 [sic] (1987).  

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors.  He also describes in detail his military history, including his U.S. Army Reserve (USAR) assignments.     

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

	a.  DD Form 214, dated 4 May 1982. 

	b.  Three letters, dated 2 November 2006, 18 January 207, and 18 May 2007, from the National Personnel Records Center (NPRC).
    
	c.  Veterans of Vietnam War Incorporated (Inc) and the Veterans Coalition, Membership Card.   

	d.  DD Forms 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 16 November 1978 and 4 November 1984.  

	e.  Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, New Jersey Orders 121-212, dated 4 May 1982.

	f.  DA Form 2-1 (Personnel Qualification Record).

	g.  Headquarters, 361st Civil Affairs Brigade, Pensacola, Florida Orders 35-2, dated 30 October 1984.

	h.  Final Judgment Dissolving Marriage, dated 10 September 1987.

	i.  USAR Personnel Center, St. Louis, Missouri Orders D-090060400, dated 24 September 1985, discharge from the USAR. 

	j.  Honorable Discharge Certificate, dated 1 October 1985.  
  
CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of 
Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the USAR for a period of 6 years under the DEP on 16 November 1978.  He remained in the DEP for 5 months and 8 days before he was discharged from the USAR on 23 April 1979 and was accepted for enlistment in the Regular Army on 24 April 1979 in the rank/grade of private (PVT)/E-1.  

3.  The applicant’s records also show that he enlisted in the Regular Army for a period of 3 years on 24 April 1979.  He completed basic combat and advanced individual training and was awarded MOS 11B.  He was honorably released from active duty for completion of required service and transferred to a USAR unit in Alabama on 4 May 1982.  The Remarks section of the applicant’s separation document shows the entry “Retained in service 9 days for the convenience of the government per AR [Army Regulation] 635-200.”

4.  The DD Form 214 he was issued at the time of his discharge shows the following entries:

	a.  Item 7 (Last Duty Assignment and Major Command) contain the entry “B Company, 3rd Battalion, 28th Infantry, U.S. Army Europe (USAREUR), Country Code E5”; 

	b.  Item 11 (Primary Specialty) contains the entry 11B Infantryman, 2 years and 9 months; 

	c.  Item 12c (Net Active Service This Period) contains the entry “03 00 09”; 

	d.  Item 12e (Total Prior Inactive service) contains the entry “00  05  08”;   

	e.  Item 13 shows award of the Good Conduct medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Overseas Service Ribbon, and Army Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar; and
	
	f.  Item 14 shows the entries Primary Noncommissioned Officer Course (PNCOC), 4 weeks, 8109; and German (Headstart), 1 week, 8101.  

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states in pertinent part:

   a.  Item 7 shows the Soldier’s last unit of assignment, major command with the corresponding two character assignment code.
   
	b.  Item 11 shows the Primary Specialty.  From the Soldier’s records, enter the titles of all MOS’s served for at least 1 year and include for each MOS the number of years and months served during the period covered by the DD Form 214.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT.  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.

	c.  Item 12 shows the Record of Service.  Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.    

		(1)  Item 12a shows the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added).

		(2)  Item 12b shows the Soldier’s transition date. This date may not be the contractual date if the 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. 

		(4)  Item 12d, obtained from previously issued DD Forms 214, 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 Soldier’s records and show 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 Soldier’s records and show the total amount of foreign service completed during the period covered in block 12c.

		(7)  Item 12h is obtained from the most recent promotion order (or reduction instrument).  Enter the effective date of promotion to the current pay grade.

		(8)  Item 12i shows Reserve Obligation Termination date.  This is the completion date of the 6-year 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.  Soldiers within 90 days of their MSO termination date at separation are considered to have completed their MSO

	d.  Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  
	
	e.  Item 14 shows the Soldier’s Military Education, 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.  This information is to assist the soldier in job placement and counseling; therefore, do not list training courses for combat skills.  

6.  Army Regulation 600-8-22 (Military Awards) sets forth the requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Chapter 8 of the current 
version of the regulation states, in pertinent part, that Permanent Orders are not required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. 

DISCUSSION AND CONCLUSIONS:

1.   The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic combat and advanced individual training.  It does not include or list service in the USAR.  Furthermore, there is no provision to list all units of assignment on the DD Form 214.  The regulation requires an entry of the Soldier’s last duty assignment, which is correctly shown on the applicant’s DD Form 214. 

2.  The evidence of record shows that the applicant enlisted in the USAR for a period of 6 years under the DEP on 16 November 1978.  Therefore, he incurred a 6-year mandatory service obligation that would have ended on 15 November 1984.  This date is correctly shown in Item 12i of the applicant’s DD Form 214.

3.  The evidence of record shows that the applicant enlisted in the USAR under the DEP on 16 November 1979.  He completed 5 months and 8 days in the DEP before he was discharged from the USAR and enlisted in the Regular Army on 14 April 1979.  Therefore, the total prior inactive service shown in Item 12e is correct.    

4.  The evidence of record shows that the applicant enlisted in the Regular Army on 24 April 1979 and was honorably released from active duty on 4 May 1982.  He completed 3 years and 9 days of active military service.  There is no evidence that the applicant completed any prior active service.  Therefore, the total prior active service shown in Item 12c is correct.

5.  The evidence of record shows that the applicant was not qualified in or awarded any MOS during his time in the DEP.  Upon successful completion of approximately 3 to 4 months of basic combat and advanced individual training, he was awarded MOS 11B and performed in that MOS throughout his active service.  There is no evidence in the applicant’s records that he completed formal training for and/or was awarded any other MOS.  Therefore, the entry in Item 11 is correct.

6.  With respect to the applicant’s marksmanship badges, there is no evidence    (memorandum, letter, roster, or other locally devised form) in the available records and the applicant did not submit any substantiating evidence that shows 
he qualified expert with the Rifle (M-14 and M-16), Pistol, Grenade, Grenade Launcher, Antitank, and/or Machinegun (M-60).  Therefore, there is insufficient evidence to correct the applicant’s records to show the requested qualification badges.

7.  With respect to the Cold War Certificate, the applicant may have been recognized for his service during the cold war and presented with a Cold War Certificate; however, certificates of achievement and/or recognition, letters of appreciation, and similar documents are not authorized for entry on the DD Form 214.

8.  With respect to the applicant’s one-week NBC Decontamination of Self and Vehicles Course, completed in 1987, there is no evidence in the applicant’s records and the applicant did not submit any evidence, such as a certificate of training that shows he completed this course.  Therefore, there is insufficient evidence to correct the applicant’s records to show the requested training course.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___        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)                                         AR20080011322



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011322



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1