BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090005847 


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 her DD Form 214 and Personnel Qualification Record (PQR). 

2.  The applicant states, in effect, that the clerk typist course should be added to item 14 (Military Education) and item 19 (Mailing Address After Separation) of her DD Form 214 should be corrected.  She also states that civilian education and dependent data should be added to her PQR.  

3.  The applicant provides a self-authored letter in support of her 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 record shows that she enlisted in the Regular Army and entered active duty on 8 December 1982, and was assigned to Fort Jackson, South Carolina to attend basic training.  During the applicant's enlistment processing, she completed a DA Form 3286-31-R (Statement of Understanding) in which she confirmed she was the natural parent of a daughter and certified that her daughter had been placed in the custody of the other parent or another adult by court order.  

3.  On 4 January 1983, the applicant departed absent without leave (AWOL) from her basic training unit and remained away for 27 days until returning to military control on 31 January 1983.  

4.  The applicant's PQR-Part 2 (DA Form 2-1) shows, in item 17 (Civilian Education and Military Schools), that the highest civilian education she completed was high school, which she completed at Darby High School in 1976. Item 17 contains no military education entries.  Item 22 (Personal and Family Data) shows no spouse or dependent children.  Her record also contains a 
DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) in which she verified that she did not have a dependent receiving medical care in a uniformed service medical facility or from a civilian physician under the CHAMPUS, or a dependent receiving benefits under the CHAMPUS program for the handicapped.  

5.  On 22 February 1983, the unit commander notified the applicant that he was initiating action to separate the applicant under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level status (ELS) performance and conduct and that her service would be described as uncharacterized.  The unit commander cited the applicant's lack of motivation and self discipline as the reason for taking the action.  

6.  On 22 February 1983, the applicant acknowledged receipt of the separation notification from the commander and completed a statement in which she declined consulting counsel and to make statements in her own behalf.  

7.  On 28 February 1983, the separation authority approved the applicant's ELS separation and directed she receive an uncharacterized description of service.  On 4 March 1983, the applicant was discharged accordingly.  The DD Form 214 she received confirms she completed a total of 1 month and 29 days of creditable active military service and that she accrued 27 days of time lost due to being AWOL.  Item 14 contains the entry "None" and item 19 lists an address in Hudson, Florida as her mailing address after separation.  The applicant authenticated this document with her signature in item 21 (Signature of Member Being Separated) on the date of her discharge.  


8.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparation of the DD Form 214.  The instructions for item 14 state, in pertinent part, to enter formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  The instructions for item 19 state, in pertinent part, to enter the mailing address provided by the Soldier.  The instructions for item 21 state, in pertinent part, that the Soldier's signature indicates the Soldier reviewed the form and accepted the information as being correct to the best of their knowledge.  There are no regulatory provisions that allow for altering or correcting a DD Form 214 to add information/data that changes subsequent to separation.  

9.  Army Regulation 640-2-1 (Personnel Qualification Records), in effect at the time, prescribed the policy for preparing, maintaining and disposing of all parts of the PQR.  Chapter 2 contained guidance on preparation of the PQR-Part 1
(DA Form 2) and stated, in pertinent part, that the number of family members recognized for pay purposes would be entered in Section 1 (Personal Data), item 8 (Number of Dependents).  Chapter 3 contained guidance on the PQR-Part 2 (DA Form 2-1) and Table 3-1 contained instructions for recording entries on the 
DA Form 2-1.  It stated, in pertinent part, that item 17 would contain entries indicating the highest level of civilian education completed, which included separate entries for college level degrees completed.  There were no provisions for entering elementary and secondary schools if a member completed high school.  It further stated, in pertinent part, that entries would be made for the successful completion of military occupational specialty (MOS) producing courses and successful completion of military schools (courses) of 40 hours or more.  There were no provisions for entering courses that were not successfully completed.  The instructions for completing item 24 (Number of Dependents) on the DA Form 2-1 stated, in pertinent part, that a pencil entry containing the number of family members authorized for pay purposes would be entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 14 and item 19 of her DD Form 214 should be corrected to reflect her military education and her correct mailing address.  She also contends that her PQR should be corrected to show her civilian education and dependant data.  The applicant’s contentions were carefully considered, however, there is insufficient evidence to support her claims.  



2.  The evidence of record fails to show the applicant successfully completed any qualifying military schools during her active duty tenure that would support an entry in item 14 of the DD Form 214.  There are no regulatory provisions that provide for entering courses not completed in item 14.  As a result, there is an insufficient evidentiary basis to support correction of item 14 of her DD Form 214 at this time. 

3.  The address listed in item 19 of the applicant's DD Form 214 would have been provided by her at the time the DD Form 214 was prepared and she authenticated the DD Form 214 with her signature in item 21 on the date of discharge which by regulation was her verification that she reviewed the DD Form 214 and the information on it was correct to the best of her knowledge at the time.  Additionally, there are no regulatory provisions for entering a change of address that occurs subsequent to separation in item 19.  Therefore, the available evidence is also insufficient to support correction of item 19 of her DD Form 214.

4.  The applicant’s contentions that the elementary and secondary schools she completed and that her daughter should be documented on her PQR were also carefully considered.  

5.  By regulation, only the highest level of civilian education below college level will be entered on the PQR, and only the number of dependents authorized for pay purposes will be entered on the PQR.  There are no regulatory provisions that allow for entering elementary and secondary education on the PQR when a member completed high school, and only authorized dependents for pay purposes will be entered on the PQR.  Therefore, given the applicant's PQR accurately documents the highest level of civilian education she completed as high school, and her record confirms she did not have custody of her daughter at the time of her enlistment or during her military service, as evidenced by a DA Form 3286-31-R and a DD Form 1407 on file in her record.  Therefore, there is also an insufficient evidentiary basis to support granting this portion of the requested relief. 

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






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __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)                                         AR20090005847



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ABCMR Record of Proceedings (cont)                                         AR20090005847


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