IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009

		DOCKET NUMBER:  AR20080016568 


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 NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) and his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected:

	a.  to show, on his NGB Form 22, his civilian education as high school (or equivalent) graduate and 2 years of college;

	b.  to show, on both documents, an additional 30 days of active duty (AD) and total AD of 4 years, 10 months, and 30 days;

	c.  to show, on his DD Form 214, his reentry (RE) code as RE-1 (in effect, he is requesting a change to his Separation Code);

	d.  to show, on his DD Form 214, he served 1 year as a truck driver; and

	e.  to show, on both documents, he qualified as an expert marksman with the MK19 40mm Grenade Machine Gun.

2.  The applicant states the above corrections are very important for employment reasons.



3.  The applicant provides his DD Form 214 and his NGB Form 22; transcripts from community colleges/trade schools; a diploma from the New Mexico Regional Training Center; and Orders 049-196, Joint Force Headquarters – Arizona ordering him to AD for training from 25 March 2006 to 23 April 2006
(30 days) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete service records are unavailable.  Existing records show the following periods of service:

05 Mar 1979 – 22 Oct 1979 US Army National Guard (ARNG)
23 Oct 1979 – 14 Aug 1981 US Navy on AD (minus 17 days lost time)
21 Dec 2005 – 22 May 2006 ARNG (plus 30 days on AD)
23 May 2006 – 22 Dec 2006 ARNG on AD
23 Dec 2006 – 22 Mar 2007 ARNG

2.  The applicant’s first period of AD was in the US Navy (USN) from 23 October 1979 through 14 August 1981.  During that service, he was absent without leave for 17 days from 1 November through 17 November 1979.  His total active service while in the US Navy was 1 year, 9 months, and 6 days.

3.  The applicant rejoined the ARNG on 21 December 2005.  From 25 March 2006 to 23 April 2006, he spent 30 days of AD undergoing training.

4.  The applicant received Orders 101-197, Joint Force Headquarters – Arizona, dated 17 May 2006 which ordered him to AD effective 23 May 2006 in support of Operation Iraqi Freedom for a period of 545 days.  These orders were later modified by Orders A-07-619945, US Army Human Resources Command, Alexandria, VA, dated 31 July 2006, which assigned him to the medical holdover medical retention processing program for 179 days.  Orders A-07-619945R, U.S. Army Human Resources Command, dated 27 December 2006, rescinded the 31 July 2006 orders.

5.  The applicant received a DD Form 214 for the period 23 May 2006 through 22 December 2006.  He was credited with 7 months of service.  His primary military occupational specialty (MOS) was shown as 88M1O (Motor Transport Operator) and he was credited with “00 YRS  00 MOS” service in that MOS.  He was separated under the provisions of Army Regulation 635-200, chapter 4, by reason of completion of required active service.  He was assigned a separation (SPD) code of “LBK” and “NA” [not applicable] was entered as his RE code.  Item 15b (High School Graduate or Equivalent) is marked with an “X” in the “Yes” box.

6.  Existing records show the applicant received credit for completing high school equivalency in September 1980.  His enlistment documents for his enlistment in the ARNG show him as having completed high school.

7.  There is no record of the applicant qualifying with the MK19 40mm Grenade Machine Gun.  Qualification is not shown on his DD Form 214 or his NGB Form 22.

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  Chapter 4 provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  It provides that Regular Army (RA) Soldiers separated under the provisions of chapter 4, Army Regulation 635-200 will be given an SPD code of “LBK” and an RE code of “3.”  The same regulation provides that ARNG Soldiers separated under the provisions of chapter 4, Army Regulation 635-200 will be given an SPD code of “MBK.”

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides:

	a.  Item 11 (Primary Specialty) states to enter the titles of all MOSs 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 [advanced individual training].

	b.  Item 12 (Record of Service) states to enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.  Net active service this period will be computed by subtracting the date entered active duty this period from the separation date this period.  For prior active service, enter the total amount of prior active military service, less lost time, from previously issued DD Forms 214.



	c.  Item 27 (Reentry Code) states that Army Regulation 601-210 [Active and Reserve Components (RC) Enlistment Program] determines RA and U.S. Army Reserve (USAR)  reentry eligibility and provides regulatory guidance on the RE codes.  These codes are not applicable [NA] to officer, USMA [U.S. Military Academy] cadets who fail to graduate or enter USMA from active duty status, or to RC Soldiers being separated for other than cause (emphasis added).

11.  National Guard Regulation (NGR) 600-200 establishes standards, policies, and procedures for the management of ARNG enlisted Soldiers in the functional areas of classification and reclassification, personnel management, assignment and transfer, special duty assignment pay, enlisted separations, and the 
command sergeant major program.  Section IV of Chapter 8 provides guidance on the completion of NGB Form 22.  It provides, in pertinent part, that the highest level of civilian education, as reflected on DA Form 2-1 (Personnel Qualification Record), will be entered in Item 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his records be corrected:

	a.  to show, on his NGB Form 22, his civilian education as high school (or equivalent) graduate and 2 years of college;

	b.  to show, on both documents, an additional 30 days of active duty (AD) and total AD of 4 years, 10 months, and 30 days;

	c.  to show, on his DD Form 214, his reentry (RE) code as RE-1;

	d.  to show, on his DD Form 214, he served 1 year as a truck driver; and

	e.  to show, on both documents,  he qualified as an expert marksman with the MK19 40mm Grenade Machine Gun.

2.  The applicant received his high school equivalency diploma; his DD Form 1966/1 shows his education level as “12E,” and his DD Form 214 reflects he is a high school graduate or equivalent.  However, his NGB Form 22 shows in Item 14 that he only completed 11 years of high school.  This should be corrected by changing the number “11” to “12E.”




3.  The applicant also wants his NGB Form 22 to show, in Item 14, that he completed 2 years of college; however, the applicant provides transcripts from institutions which show he completed vocational training courses.  A college is an institution of higher education created to educate and grant degrees, not certificates in air conditioning and refrigeration, or commercial truck driving, as 
his transcripts reflect.  Furthermore, there is no evidence in his official records (e.g., DA Form 2-1) to show completion of any college courses.  Therefore, there is insufficient evidence to support granting this request.

4.  The applicant’s DD Form 214 correctly shows, in Item 12c, 7 months of AD from 23 May 2006 through 22 December 2006.  It incorrectly shows, in Item 12d, 2 years and 20 days of prior AD; however, the applicant’s record clearly shows he served 1 year, 9 months, and 6 days of AD in the USN [when 17 days of lost 
time is deducted from his USN service].  The record also shows 30 days of AD from 25 March 2006 to 23 April 2006 as a member of the ARNG.  His grand total of prior AD is therefore 1 year, 10 months, and 6 days.  Since his DD Form 214 shows a greater amount of prior AD, no additional AD is warranted.

5.  The applicant’s NGB Form 22 shows, in Item 10c, prior active service of 1 year, 9 months, and 5 days.  Based on the calculation in paragraph 4, above, this should be 1 year, 10 months, and 6 days.  His NGB Form 22 should, therefore, be corrected to reflect 1 year, 10 months, and 6 days in Item 10c.

6.  The applicant’s DD Form 214 shows an RA SPD code of "LBK" in Item 26.  By regulation, ARNG Soldiers separated under the provisions of chapter 4, Army Regulation 635-200 will receive an SPD code of “MBK.”  Therefore, his records should be corrected to show an SPD of "MBK."

7.  The applicant’s DD Form 214 shows an "NA" in Item 27.  By regulation, RC Soldiers will be given an RE code of "NA" when being separated for other than cause.  Given the Soldier was separated by reason of completion of required active service, his RE code of "NA" is correctly entered on his DD Form 214.  Therefore, no correct in Item 27 is warranted.

8.  The applicant’s DD Form 214, in Item 11, shows “00 YRS  00 MOS” of duty in MOS 88M.  The applicant only served on AD for 7 months; Item 11 requires a minimum of 1 year of AD service for a positive entry.  The applicant’s request cannot be granted.

9.  The applicant’s record does not show that he ever qualified with the MK19 40mm Grenade Machine Gun.  Without orders verifying that he fired “expert” with this weapon, it cannot be added to his DD Form 214 or NGB Form 22.

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 
state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

	a.  correcting his NGB Form 22, in Item 14, by changing the number “11” to the number “12E” to show he completed his high school equivalency;

	b.  correcting his NGB Form 22, in Item 10c, by changing “01  09  05” to 
“01  10  06”; and

	c.  correcting his DD Form 214, in Item 26, by changing his SPD code from "LBK" to “MBK.”

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 showing he completed 2 years of college; 4 years, 10 months, and 30 days of active duty; showing that he was awarded the Expert Marksmanship Qualification Badge for the MK19 40mm Grenade Machine Gun; or by changing his RE code from “NA” to “1.”


															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)                                         AR20080016568



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ABCMR Record of Proceedings (cont)                                         AR20080016568



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