IN THE CASE OF:	  

		BOARD DATE:	  	  19 May 2009

		DOCKET NUMBER:  AR20090004429 


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 his records by issuing one
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military education and the military service that he completed.

2.  The applicant states, in effect, he would like a DD Form 214 that shows all information about his military service on one document because he is applying for government employment and for veteran's benefits, and it is confusing having the information on separate DD Forms 214.

3.  The applicant provides copies of two DD Forms 214 with effective dates of
18 September 1997 and 18 July 1999.

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 that he enlisted in the Army National Guard of the United States (ARNGUS) and New Jersey Army National Guard (NJARNG) for a period of 6 years on 16 October 1982.  

3.  The applicant’s military personnel records contain a U.S. Army Signal Center and Fort Gordon, Georgia, diploma, dated 11 April 1984, that shows he completed the 8-week and 1-day Wire Systems Installer/Operator course
(621-36C1O), from 11 January to 12 April 1984, at the U.S. Army Signal Center and Fort Gordon. 

4.  The applicant’s military personnel records contain a DD Form 214 with an effective date of 14 April 1984 and a DD Form 215 (Correction to DD Form 214), dated 15 June 1992, that show he was ordered to active duty for training (ADT) on 8 August 1983 and was honorably released from ADT on 14 April 1984.  Item 14 (Military Education), as corrected by the DD Form 215, shows he completed Basic Training on 6 October 1983 and the Wire Systems Installer/Operator course in April 1984.  Item 12 (Record of Service), block c (Net Active Service This Period), shows completion of 8 months and 7 days; block d (Total Prior Active Service) does not show any prior active service; and block e (Total Prior Inactive Service), as corrected by the DD Form 215, shows 7 months and
25 days.

5.  The applicant’s military personnel records contain a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he enlisted in the ARNGUS and NJARNG on 16 October 1982 and was honorably discharged based on expiration of service obligation on 15 October 1988.  At the time he had completed 6 years of net service this period and 6 years service for pay.

6.  The applicant’s military records show that he had a break in military service from 16 October 1988 through 21 December 1989.

7.  The applicant’s military personnel records show he enlisted in the ARNGUS and NJARNG for a period of 1 year on 22 December 1989 and was honorably discharged on 21 December 1990.  

8.  The applicant’s military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 22 April 1992 and entered the Delayed Entry Program (DEP).  He was discharged from the DEP on 10 May 1992 and enlisted in the Regular Army (RA) for a period of 3 years on 11 May 1992.  On 19 September 1994, the applicant reenlisted in the RA for period of
3 years.

9.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 May 1992 and was honorably discharged on 18 September 1997, under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 4 (Separation for Expiration of Service Obligation), based on completion of required active service. Item 14 shows he completed the 11-week Power Generator Equipment Repair course in September 1992 and 8-week Wire Systems Installer/Operator course in April 1984.  Item 12, block c, shows he completed 5 years, 4 months, and 8 days; block d shows 8 months and 7 days; and block e shows 6 years, 4 months, and 12 days.

10.  The applicant’s military personnel records show he enlisted in the RA and entered active duty for a period of 3 years on 7 January 1998.  On 23 February 1998, the applicant extended his 3-year enlistment in the RA for a period of
1 month to 3 years and 1 month.

11.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record), prepared on 9 January 1998 and reviewed on 26 February 1999.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows he completed the 8-week Wire Systems Installer/Operator course in 1984 and the 11-week Power Generator Equipment Repair course in 1992.

12.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 7 January 1998 with the Regular Army and was honorably discharged on 18 July 1999, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), disability with severance pay.  Item 14 shows he completed the 11-week Power Generator Equipment Repair course in September 1992.  Item 12, block c, shows he completed 1 years, 6 months, and 12 days; block d shows 5 years, 4 months, and 8 days; and block e shows 3 months and 18 days.

13.  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, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
14.  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.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.

         (1)  Block a (Date Entered AD [Active Duty] This Period) states to enter the beginning date of the enlistment period or tour of active duty for which a
DD Form 214 was not issued under paragraph 1-4b(5).

         (2)  Block b (Separation Date This Period) states to enter the separation date this period.  (Separation date may not be the contractual date if extended for make-up of lost time or Soldier has been held over for the convenience of the Government.)

         (3)  Block c (Net Active Service This Period) states to enter the amount of service this period (subtract 12a from 12b).  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted.

         (4)  Block d (Total Prior Active Service) states to enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter “00  00  00.”

         (5)  Block e (Total Prior Inactive Service) states to enter the total amount of prior inactive service, less lost time, if any.  DEP time which begins on or after
1 January 1985 is not creditable service for pay purposes and will not be entered in this block, but it is creditable service towards the fulfillment of the statutory military service obligation (MSO) date in Item 6.

    b.  Item 14 (Military Education) states to list formal in-service (full-time attendance) training courses 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 will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his records should be corrected by issuing one DD Form 214 to show all of his military education and the military service he completed because he is applying for government employment and veteran benefits and it is confusing having the information on separate DD Forms 214.

2.  The governing Army regulatory guidance is clear in that the DD Form 214 is prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  The Army regulation also instructs to use extreme care in completing the DD Form 214 since final pay, retirement credit, and post-service benefits are based upon the information contained herein.  In this regard, there is no Army regulatory requirement to consolidate a former Soldier's military service into one DD Form 214.  Therefore, the applicant is not entitled to a consolidated DD Form 214 to show all of his military education and military service.

3.  The evidence of record shows the applicant enlisted in the ARNGUS and NJARNG for a period of 6 years on 16 October 1982.  The evidence of record also shows the applicant was ordered to ADT on 8 August 1983, completed the Wire Systems Installer/Operator course on 12 April 1984, and was honorably released from ADT on 14 April 1984.  A service computation for this period of ADT service reveals that it equates to 8 months and 7 days of net active service.  Records show the applicant's DD Form 214 with an effective date of 14 April 1984 documents that he completed the Wire Systems Installer/Operator course and that he was credited with completing 8 months and 7 days of net active service this period.  Thus, records shows that the applicant’s DD Form 214 with an effective date of 14 April 1984 correctly documents his military education and net active service for this period of service.

4.  The evidence of record shows the applicant enlisted in the USAR DEP on     22 April 1992.  The evidence of record also shows the applicant enlisted in the RA and entered active duty on 22 April 1992, completed the Power Generator Equipment Repair course in September 1992, and was honorably discharged on
18 September 1997.  A service computation for this period of active duty service reveals that it equates to 5 years, 4 months, and 8 days of net active service.  Records show that the applicant's DD Form 214 with an effective date of
18 September 1997 documents that he completed the Power Generator Equipment Repair course and that he was credited with completing 5 years, 4 months, and 8 days of net active service this period; 8 months and 7 days of prior active service; and 6 years, 4 months, and 12 days of total prior inactive.  Thus, records show the applicant’s DD Form 214 with an effective date of
18 September 1997 correctly documents his military education, net active service for this period of service, prior active service, and total prior inactive service.



5.  The evidence of record shows the applicant enlisted in the RA and entered active duty on 7 January 1998 and was honorably discharged on 18 July 1999.  A service computation for this period of active duty service reveals that it equates to 1 year, 6 months, and 12 days of net active service. Thus, records show the applicant’s DD Form 214 with an effective date of 18 July 1999 correctly documents his net active service for this period of service.

     a.  The evidence of record shows this DD Form 214 documents that the applicant completed the Power Generator Equipment Repair course in September 1992.  However, the evidence of record also shows that the Power Generator Equipment Repair course was not completed during the period of service covered by this DD Form 214 and it should not have been recorded on the document.  Nonetheless, no action is being taken by the Board to delete this entry from this DD Form 214.

     b.  The evidence of record shows this DD Form 214 documents that the applicant completed 5 years, 4 months and 8 days of total prior active service.  However, the evidence of record also shows the applicant completed two previous periods of active duty service (i.e., the first period consisting of
8 months and 7 days, and the second period consisting of 5 years, 4 months, and 8 days), which equates to 6 years and 15 days of total prior active service.  Therefore, it would be appropriate to correct this DD Form 214 to show the applicant’s total prior active service.

     c.  The evidence of record shows this DD Form 214 documents that the applicant completed 3 months and 18 days of total prior inactive service.  However, the evidence of record (i.e., as substantiated by the applicant’s
DD Form 214 with an effective date of 18 September 1997) shows he completed 6 years, 4 months, and 12 days of total prior inactive service.  Therefore, it would be appropriate to correct this DD Form 214 to show the applicant’s total prior inactive service.

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 correcting his DD Form 214 with an effective date of 18 July 1999 by:

     a.  deleting from Item 12, block d, the entry “0005  04  08" and replacing it with the entry "0006  00  15”; and

     b.  deleting from Item 12, block e, the entry “0000  03  18” and replacing it with the entry 0006  04  12.”

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 a consolidated DD Form 214 to show all of his military education and military service.



      ___________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)                                         AR20090004429



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ABCMR Record of Proceedings (cont)                                         AR20090004429



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