IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20080019939 


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 that his temporary duty (TDY) and General Education Diploma (GED) information be added to his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Forms 214 are incorrect for his TDY periods and his GED is not properly recorded.  He further states that his DD Forms 214 are false documents for he did not sign them.  He states that he was not legally discharged.  He states he was hospitalized at Fort Sill, Oklahoma, in a psychiatric ward in 1972.  He further states that from 1972 to the present he suffers from post-traumatic stress disorder.

3.  The applicant does not provide any supporting evidence in support of his application.  

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 record shows that he had three enlistment periods with the first enlistment period starting on 30 December 1968 for a 3-year period.  He successfully completed basic combat training.  The applicant's DD Form 4 (Enlistment Contract--Armed Forces of the United States) shows in item 2 (Highest School Grade Completed) the number "7."

3.  On 3 March 1969, the applicant authenticated in his own hand a request for separation from the service due to erroneous enlistment.

4.  On 26 March 1969, a medical board proceeding recommended separation under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-9, for not meeting the medical fitness standards for service at the time of enlistment.

5.  On 10 April 1969, the applicant was honorably discharged.  The DD Form 214 he was issued on this date shows the reason and authority for discharge were under the provisions of Army Regulation 635-200, paragraph 5-9, for not meeting physical standards for service.  This DD Form 214 shows that his military occupational specialty (MOS) was 09BOO (Trainee) and that he had completed 3 months and 11 days of net active service.  Item 15 (Reenlistment Code) shows the entry "RE 4."  Item 30 (Remarks) shows that he had completed 7 years of elementary grammar school.  Further, this same DD Form 214 shows a legible handwritten signature in item 32 (Signature of Person Being Transferred or Discharged).

6.  On 1 February 1971, he enlisted for a 2-year period of service.  The applicant's DD Form 4 shows in item 2 the number "6."  He successfully completed advanced individual training and was awarded MOS 62M (Forklift Operator).

7.  On 22 June 1971, he was honorably discharged.  The reason and authority for discharge shown on his DD Form 214 issued this date was for immediate reenlistment.  He was credited with a total of 8 months and 3 days of active service.  Items 25 and 30 of this DD Form 214 do not show an entry for the highest civilian education that he completed.  Item 32 shows a legible hand written signature.

8.  On 23 June 1971, he reenlisted for a 6-year period of service.

9.  The applicant's service records reveal a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on two separate occasions for being absent without leave on 2 August 1972 and for failure to go on 15 August 1972.

10.  On 15 August 1972, the applicant's company commander recommended separation under the qualitative management program for failure to demonstrate adequate potential for promotion to advancement and substandard duty performance.  This commander noted the applicant's conduct and efficiency were unsatisfactory and recommended a General Discharge Certificate be issued.

11.  On 16 August 1972, the applicant signed a statement of counseling attesting to counseling by his company commander for indebtedness, AWOL, and civil criminal charges.  He acknowledged in his own hand that he had a defective attitude and that he was ineligible for promotion.  He further acknowledged that his continued substandard performance of duty could result in separation from the service with less than an honorable discharge.

12.  On 22 August 1972, the intermediate commanders recommended separation and that he be issued a General Discharge Certificate.

13.  On 11 September 1972, the appropriate approval authority directed the applicant be separated under the provisions of the qualitative management program and that a General Discharge Certificate issued.

14.  On 26 September 1972, he was discharged with an under honorable conditions discharge.  He was issued a DD Form 214 for this period of service which shows he completed 1 year, 11 months, and 6 days of total creditable active service.  Item 30 shows that he had completed 6 years of general education.  Item 32 shows a legible hand written signature.

15.  Army Regulation 635-5 (Separation Documents) in effect at the time provided, in pertinent part, that the highest level of civilian education attained by enlisted personnel would to be entered in item 25 (Education and Training Completed) or item 30 (Remarks) of the DD Form 214.

16.  Army Regulation 635-5 further provided, in pertinent part, that the total service completed between the dates shown from the date of entry to the effective date of separation is represented by continual and foreign service less time lost under Title 10, U.S. Code, section 972.

17.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  Further, the ABMCR is not an investigative body.  Therefore, the applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his TDY periods of service and his GED are not recorded on his DD Forms 214.  He also contends that he did not sign his DD Forms 214.

2.  A review of the applicant's personnel service record shows three enlistment contracts with three corresponding DD Forms 214 issued when he separated from active service.

	a.  On 30 December 1969, his enlistment contract shows the highest grade in school he completed was 7th grade.  His DD Form 214 dated 10 April 1969 shows he completed 7 years of grammar school (elementary).  Therefore, the applicant is not entitled to correction of this DD Form 214.

	b.  On 1 February 1971, his enlistment contract shows that the highest school grade he completed was 6th grade.  His DD Form 214 dated 22 June 1971 that was issued based on his immediate reenlistment does not show an entry for the highest school grade completed.  Therefore, the applicant is entitled to have his DD Form 214 issued on 22 June 1971 corrected to show 7 years of grammar school (elementary) as recorded on his DD Form 214 dated 10 April 1969.

	c.  On 23 June 1971, his enlistment contract shows the entry "NA" [not applicable] in regards to his highest school grade completed.  His DD Form 214 dated 26 September 1972 shows the entry for completion of 6 years of general education.  Therefore, the applicant is entitled to have his DD Form 214 issued on 26 September 1972 corrected to show 7 years of grammar school (elementary) as recorded on his DD Form 214 dated 10 April 1969.

3.  Periods of TDY are accounted for on the Soldier's DD Form 214 in the computation of creditable service for basic pay.  Therefore, as any and all TDY periods are within the computation of creditable service, the applicant is not entitled to have his period(s) of TDY entered separately on his separation documents.

4.  Records show all three enlistment contracts and separation documents were properly authenticated.  The applicant has not shown evidence that the signature on each separation document is, in fact, not his personal signature nor is the Board to act as an investigative body pursuing his claim that he did not sign his separation documents.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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 applicant's DD Forms 214 with a separation date of 22 June 1971 and a separation date of 26 September 1972 be corrected to show 7 years of grammar school (elementary).

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 periods of TDY or a GED on his separation documents.



      ___________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)                                         AR20080019939



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ABCMR Record of Proceedings (cont)                                         AR20080019939



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