IN THE CASE OF:	  

		BOARD DATE:	  	  29 January 2009

		DOCKET NUMBER:  AR20080016443 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 10 February 1986 to show all of the military training that she completed.

2.  The applicant states, in effect, she needs all of her military training, including basic training, added to her discharge document so that it can be evaluated by the Army ACE Registry Transcript System (AARTS).  She adds that she is going to return to college and wants to maximize her military education with the college.

3.  The applicant provides copies of her DD Form 214 with an effective date of  10 February 1986; two AF Forms 1256 (Certificates of Training), dated 11 April 1980 and 23 September 1981; two USAICS-DOS Forms 174 (Diplomas), dated 27 May 1980 and 17 May 1984; and DA Form 87 (Certificate of Training), dated 16 July 1982.

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 military personnel records show she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 29 January 1979.  She then enlisted in the Regular Army (RA) and entered active duty for a period of 4 years on
27 July 1979.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty (MOS) 98C.  The applicant reenlisted in the RA for a period of 3 years on 11 February 1983.

3.  The applicant’s military personnel records contain a DD Form 214 that shows she entered this period of active duty on 27 July 1979 and was honorably discharged on 10 February 1986 under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation), based on expiration term of service and transferred to the 339th Army Security Agency Company (Brigade Support), Charlotte, North Carolina.  At the time she had completed 6 years, 6 months, and 14 days net active service this period and 5 months and 25 days of total prior inactive service.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) shows she was awarded MOS 98C (Electronic Warfare/ Signal Intelligence (EW/SIGINT) Analyst and that she held the MOS for a period of 5 years and 10 months.  Item 14 (Military Education) contains the entry “NA.”

4.  The applicant’s military personnel records contain a DD Form 214 that shows she entered active duty on 11 March 1990 as a member of the Active Guard Reserve and was honorably released from active duty on 31 March 2007 under the provisions of Army Regulation 635-200, Chapter 12 based on sufficient service for retirement and transferred to the USAR Control Group (Retired), St. Louis, Missouri.  At the time she had completed 17 years and 20 days net active service this period; 7 years, 1 month, and 7 days of total prior active service; and 4 years and 5 months of total prior inactive service.

5.  In support of her application, the applicant provides the following documents: 

     a.  AF Form 1256, dated 11 April 1980, that shows the applicant successfully completed the Radio Communications Analysis - Fundamentals, Army Application, X3ABR20230A 001 (MOS 98C1O, EW/SIGINT Analysis), at the U.S. Air Force (USAF) Technical Training School - Goodfellow, Goodfellow Air Force Base (GAFB), Texas;

     b.  USAICS-DOS Form 174, dated 27 May 1980, that shows the applicant successfully completed the EW/Communications Intelligence Mission Training Analysis (PAC), Course 232-F4, at the U.S. Army Intelligence Center and Schools (USAICS), Fort Devens, Massachusetts;

     c.  AF Form 1256, dated 23 September 1981, that shows the applicant successfully completed the EW/Cryptologic Cryptanalyst Course, X3AZR20250A-001 (MOS 98C1OT9, 440 Hours), at the USAF Technical Training School - Goodfellow, GAFB, Texas;

     d.  DA Form 87, dated 16 July 1982, that shows the applicant successfully completed the one-week Junior Leaders Maintenance Orientation Course at the III Corps and Fort Hood Troop School, Fort Hood, Texas;

     e.  USAICS-DOS Form 174, dated 17 May 1984, that shows the applicant successfully completed the EW/SIGINT Analyst Basic Technical Course,
232-98C3O, at the USAICS, Fort Devens, Massachusetts; and

     f.  DD Form 214, with an effective date of 10 February 1986, that was previously introduced and considered in this Record of Proceedings.

6.  A review of DA Pamphlet 351-4 (U.S. Army Formal Schools Catalog), in effect at the time of the applicant’s separation, in pertinent part, lists the following courses:

     a.  Radio Communications Analysis - Fundamentals, Army Application, X3ABR20230A 001, MOS 98C1O, EW/SIGINT Analysis, 13 weeks; USAF Technical Training School - Goodfellow, GAFB, Texas;

     b.  EW/Communications Intelligence Mission Training Analysis (PAC), Course 232-F4, 4 weeks; USAICS, Fort Devens, Massachusetts;

     c.  EW/Cryptologic Cryptanalyst Course, X3AZR20250A-001, MOS 98C1OT9, 11 weeks; USAF Technical Training School - Goodfellow, GAFB, Texas;

     d.  Junior Leaders Maintenance Orientation Course, 1 week; III Corps and Fort Hood Troop School, Fort Hood, Texas; and

     e.  EW/SIGINT Analyst Basic Technical Course, 232-98C3O, 9 weeks; USAICS, Fort Devens, Massachusetts.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

8.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.

     a.  The instructions for Item 11 (Primary Specialty) specify to enter the primary MOS or AOC (Area of Concentration), and all additional MOS/AOC service for a period of one year or more, during the Soldier's continuous active military service.  For each MOS/AOC, list the title with the years and months served.  In determining time eligibility for listing of specialty, it states that 16 days or more count as a month; however, do not count Basic Combat Training and Advanced Individual Training.

     b.  The instructions for Item 14 (Military Education) states to list formal in-service training courses by title, length in weeks, and year successfully completed during the period of service covered.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  When in doubt, refer to the course description in DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her DD Form 214 with an effective date of 10 February 1986 should be corrected to show all of the military training she completed, including Basic Combat Training.

2.  The governing regulation states that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14.

     a.  Records show the applicant successfully completed the following formal, in-service military training courses during the period of service under review:

         (1)  Radio Communications Analysis - Fundamentals, Army Application, X3ABR20230A 001, MOS 98C1O, EW/SIGINT Analysis Course, USAF Technical Training School - Goodfellow, GAFB, Texas;

         (2)  EW/Communications Intelligence Mission Training Analysis (PAC), Course 232-F4, USAICS, Fort Devens, Massachusetts;

         (3)  EW/Cryptologic Cryptanalyst Course, X3AZR20250A-001, MOS 98C1OT9, USAF Technical Training School - Goodfellow, GAFB, Texas;

         (4)  Junior Leaders Maintenance Orientation Course, III Corps and Fort Hood Troop School, Fort Hood, Texas; and

         (5)  EW/SIGINT Analyst Basic Technical Course, 232-98C3O, USAICS, Fort Devens, Massachusetts.

     b.  Therefore, it would be appropriate to correct Item 14 of the applicant’s
DD Form 214 to show the above formal, in-service military training.

3.  The governing regulation states that training courses for combat skills will not be listed on the DD Form 214.  Therefore, the applicant is not entitled to correction of Item 14 of her DD Form 214 to show completion of Basic Combat Training.

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 all Department of the Army records of the individual concerned be corrected by:

     a.  deleting from Item 14 of her DD Form 214, with an effective date of
10 February 1986, the entry “NA”; and

     b.  adding to Item 14 of her DD Form 214, with an effective date of
10 February 1986 the entry “//RADIO COMMUNICATIONS ANALYSIS - FUNDAMENTALS, ARMY APPLICATION, EW/SIGINT ANALYSIS COURSE - 13 WEEKS (APRIL 1980) / EW/COMMUNICATIONS INTELLIGENCE MISSION TRAINING ANALYSIS (PAC) - 4 WEEKS (MAY 1980) / EW/CRYPTOLOGIC CRYPTANALYST COURSE - 11 WEEKS (SEPTEMBER 1981) / EW/SIGINT ANALYST BASIC TECHNICAL COURSE - 9 WEEKS (MAY 1984) / JUNIOR LEADERS MAINTENANCE ORIENTATION COURSE - 1 WEEK (JULY 1982)//NOTHING FOLLOWS//.”

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 basic combat training.  




      _______ _   _X_____   ___
               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)                                         AR20080016443



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ABCMR Record of Proceedings (cont)                                         AR20080016443



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