IN THE CASE OF:	 

		BOARD DATE:	       5 MARCH 2009

		DOCKET NUMBER:  AR20080016375 


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 the following items on her DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  Item 11 (Primary Specialty) to show her primary specialty as 31R (Multichannel Transmission System Operator);

	b.  Item 12a (Date Entered Active Duty This Period) to show she entered active duty on "2000 05 25" instead of "2000 05 26";

	c.  Item 14 (Military Education) to show she completed the Multichannel Transmission System Operator/Maintainer Course and the Basic Combat Training Course;

	d.  Item 28 (Narrative Reason for Separation) to show her narrative reason for separation as Special Court-Martial; and 

	e.  Item 29 (Dates of Lost Time During This Period) to show her first period of lost time as "20010116- 20040311" and in effect, to correct her second period of lost time "20040810-20040830."

2.  The applicant states that she entered the service on 25 May 2000.  She never went to school for training as a Human Resources Specialist and her military education includes the Basic Combat Training Course and the Multichannel Transmission System Operator/Maintainer Course.  She states her discharge 
document lists her primary specialty as 42A1O (Human Resources Specialist).  She worked in this military occupational specialty (MOS), but she did not have training in this MOS.  She states she was trained in MOS 31R at Fort Gordon, GA, and basic training at Fort Sill, OK.  She was separated from the service by a special court-martial.  She continued to work at Fort Bliss after the court-martial until 31 August 2004 when she was authorized to leave on voluntary excess leave.

3.  The applicant provides a copy of her DD Form 214; her Special Court-Martial Order Number 8, dated 18 May 2005; her DD Form 1966 (Record of Military Processing - Armed Forces of the United States); her diploma for completion of the Multichannel Transmission Systems Operator/Maintainer Course; her certificate from the Multichannel Transmission Systems Operator/Maintainer Course; her DA Form 5286-1-R (Individual Training Record); her diploma from the Basic Combat Training Course; her Automated DA Form 5286-R; and her reassignment Orders 238-0033, dated 25 August 2004, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4/1 (Enlistment/Reenlistment Document) shows she enlisted in the Delayed Entry Program (DEP) on 15 May 2000.  DD Form 4/3 shows she enlisted in the Regular Army on 25 May 2000 for a period of 4 years.  Her DD Form 1966 shows her enlistment date as 25 May 2000.  Block 18m (Primary MOS) of her DD Form 1966/1 shows she enlisted for training in MOS 31R00O.

2.  The applicant completed the Basic Combat Training Course at Fort Sill on 3 August 2000.

3.  The applicant's diploma from the United States Army Signal Center and Fort Gordon shows she fulfilled the requirements of instruction and was declared a graduate of the Multichannel Transmission Systems Operator/Maintainer Course (202-31R1O) during the period 23 October 2000 through 12 February 2001.

4.  She provided a certificate from the General Dynamics Resident School, Fort Gordon, which shows she completed 12 weeks of training in the Multichannel Transmission Systems Operator/Maintainer Course from 25 October 2000 through 24 January 2001.

5.  The applicant's DD Form 214 shows a period of lost time from 10 August 2004 through 30 August 2004.  
6.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 238-0033, dated 25 August 2004, show the applicant was placed on voluntary excess leave on 31 August 2004 pending final appellate review.

7.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Special Court-Martial Order Number 18, dated 4 November 2004, shows the applicant was convicted by a special court-martial of being absent without leave (AWOL) from between on or about 16 June 2001 until 18 March 2004, terminated by apprehension.  The court-martial order indicated she pled guilty, except to the language "she was apprehended."  She was found guilty, except the words "she was apprehended" and "18 March 2004" substituting the words "11 March 2004."  The applicant was sentenced to a reduction to pay grade private, E-1, and discharge from the service with a bad conduct discharge.

8.  On 14 December 2005, the United States Army Court of Criminal Appeals corrected Headquarters, U.S Army Air Defense Artillery Center and Fort Bliss, Special Court-Martial Order Number 8, dated 18 May 2005, by deleting in lines five and six the words "also excepting the words" and substituting therefor the words and figures "18 March 2004, substituting for the latter."

9.  On 21 April 2008, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3 with a bad conduct discharge.  She completed 5 years, 1 month, and 3 days of active military service with approximately 1,000 days of lost time.  Her DD Form 214 shows she was issued a Separation Program Designator (SPD) code of "JJD" (Court-Martial, Other).

10.  Item 11 of her DD Form 214 shows the entry "42A1O Human Resources Spec – 0 yrs 9 mos//Nothing Follows."

11.  Item 12a of her DD Form 214 shows the entry "2000  05  26."

12.  Item 14 of her DD Form 214 shows the entry "Human Resources Sp Crs, 8 weeks, 2000//Nothing Follows."

13.  Item 18 of her DD Form 214 shows the entry "Period of Delayed Entry Program:  20000515-20000525."

14.  Item 28 of her DD Form 214 shows the entry "Court-Martial, Other."

15.  Item 29 of her DD Form 214 shows the entries "Under 10 USC 972:  20010616-20040317; 20040810-20040830."

16.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, shows that the SPD code "JJD" as shown on the applicant’s DD Form 214 specifies the narrative reason as "Court-Martial, Other" and that the authority for discharge under this SPD is "Army Regulation 635-200, Chapter 3."

17.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the MOS codes, titles, years and months for warrant officers and enlisted personnel will be entered in item 11 on the DD Form 214.

18.  Army Regulation 635-5 directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

19.  Army Regulation 635-5 states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

20.  Army Regulation 635-5, in pertinent part, directs that the dates of time lost during the current enlistment will be entered on the DD Form 214.  Lost time under Title 10 USC, section 972 is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that her DD Form 214 lists her primary specialty as 42A1O.  She expressed that she worked in MOS 42A1O, but she did not have training in this MOS.

2.  The applicant's DD Form 214 verifies she served in MOS 42A1O for a period of 9 months.  Her diploma from the United States Army Signal Center and Fort Gordon confirms she completed the Multichannel Transmission System Operator/Maintainer Course and was awarded MOS 31R1O on 12 February 2001.  This document is sufficient evidence as a basis to amend item 11 of her DD Form 214 to show she held and served in primary MOS 31R for a period of 7 years and 11 months (this period includes the date after she completed training to the date she was discharged).

3.  The applicant's Enlistment/Reenlistment Document and Record of Military Processing - Armed Forces of the United States verify she enlisted in the Regular Army on 25 May 2000.  Therefore, item 12a of her DD Form 214 should be amended to reflect the entry "2000  05  25" and item 18 to reflect the entry "Period of Delayed Entry Program:  20000515-20000524."

4.  The evidence of record shows the applicant completed 12 weeks of training in the Multichannel Transmission System Operator/Maintainer Course from 25 October 2000 through 24 January 2001.  Therefore, it would be appropriate to amend item 14 of her DD Form 214 to reflect the entry "Multichannel Transmission System Operator/Maintainer Course, 12 Weeks, 2001."

5.  The applicant completed the Basic Combat Training Course in August 2000.  However, the governing regulation directs that training courses for combat skills are not listed on the DD Form 214. 

6.  The applicant states she was separated from the service by a special 
court-martial and she continued to work at Fort Bliss after the court-martial until 31 August 2004.

7.  The applicant was convicted by a special court-martial in August 2004 and she was sentenced to a reduction in grade and discharge from the service with a bad conduct discharge.  Her DD Form 214 properly reflects she was discharged with a separation code of "JJD" (Court-Martial, Other) in accordance with the governing regulation.  Therefore, there is no basis for amending item 28 of her DD Form 214.

8.  Special Court-Martial Order Number 18, dated 4 November 2004, shows the applicant was charged for being absent from her place of duty from 16 June 2001 to 18 March 2004.  At that time, she was found guilty of the charge but she was found not guilty of the excepting words "she was apprehended" and "11 March 2004."  The United States Army Court of Criminal Appeals later corrected Special Court-Martial Order Number 8, dated 18 May 2005 to delete the words "also excepting the words" and substituted the date "18 March 2004."  Therefore, her period of lost time remained 16 June 2001 to 18 March 2004 and is properly recorded in item 29 of her DD Form 214.

9.  The applicant's DD Form 214 currently reflects a period of lost time from 10 August 2004 to 30 August 2004.  There is no evidence of record available which verifies whether this period of lost time is AWOL or military/civilian confinement.  However, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.  Therefore, in the absence of evidence to show otherwise, there is insufficient evidence on which to base correction of her second period of lost time in item 29.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 11 to show the entry "31R1O, Multichannel Transmission System Operator, 7 years and 11 months";

	b.  amending item 12a to reflect the entry "2000 05 25"; 

	c.  amending item 14 to show the entry "Multichannel Transmission System Operator/Maintainer Course, 12 Weeks, 2001"; and 

	d.  amending item 18 to reflect the entry "Period of Delayed Entry Program:  20000515-20000524"; and

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 amending her DD Form 214 to show the Basic Combat Training Course item 14; to show her narrative reason 


as Special Court-Martial in item 28; and to amend her periods of lost time in item 29.




      ____________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)                                         AR20080016375



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ABCMR Record of Proceedings (cont)                                         AR20080016375



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