IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090008414 


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 DD Form 214 (Report of Separation from Active Duty) be corrected to show his characterization of service. 

2.  The applicant states, in effect, that his characterization of service was not entered on this DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 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.  On 14 April 1975, the applicant enlisted in the U.S. Army Reserve (USAR) as a member of the Troop Program Unit enlistee program and was assigned to Battery B, 3rd Battalion, 83rd Field Artillery in Waynesboro, MS.  The applicant's initial enlistment period of service was for six years. 

3.  On 24 June 1975, he entered active duty in an active duty for training (ADT) status to attend his initial basic and advanced individual training programs of instruction.  On 23 October 1975, he was relieved from active duty upon the successful completion of basic and advanced individual training.  He was awarded military occupational specialty (MOS) 13B (Field Artilleryman).  

4.  The applicant was issued a DD Form 214 upon his release from active duty that shows his net active service for this period was 4 months.  The DD Form 214 was issued at Fort Sill, OK.  The following are a few of the items on his 
DD Form 214 that show the characters "DNA" which is the acronym for "Does Not Apply":

	a.  item 4 (Date of Birth);

	b.  item 8c (Home of Record);

	c.  item 9c (Authority and Reason); 

	d.  item 9e (Character of Service);

	e.  item 11 (Last Duty Assignment and Major Command); and

	f.  item 16a (Primary Specialty Number and Title). 

5.  Item 12 (Command to Which Transferred) of the applicant's DD Form 214 shows he was transferred to Headquarters, First U.S. Army.  Item 27 (Remarks) shows that he completed MOS school for 13B (Field Artillery Basic).  

6.  The applicant's official military personnel file contains his original DD Form 4 (Enlistment Contract—Armed Forces of the United States), dated 14 April 1975.  This enlistment contract shows the following information:  

	a.  item 21 (Date of Birth) as 28 June 1955; and

	b.  item 41 (Home of Record) as 505 T____ Street, Waynesboro, MS 39367.

7.  Special Orders Number 262, dated 19 September 1975, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK show the applicant was awarded primary MOS 13B, effective 10 October 1975, in the rank of private PV2/E-2.

8.  On 17 January 1996, the applicant received his 20-Year Letter stating he had completed the required years of service for non-regular retirement and would be eligible for retired pay upon application at age 60.   

9.  On 3 December 1996, the applicant was involuntary transferred to the U.S. Army Retired Reserve from the 356th Quartermaster Battalion, USAR due to unit inactivation.  

10.  Army Regulation 635-200 (Enlisted Personnel Separations), in effect at the time, provides policy guidance and instructions on the separation of enlisted Soldiers.  In pertinent part, a Soldier who is a member of the USAR reverts from an active duty status to their respective Reserve component to complete their unexpired enlistment and/or unfulfilled obligations.  Separation is a general term that includes release from active duty (AD), release from military control of persons without a military status, discharge, and retirement.  Individuals who are discharged or released from AD or ADT will be furnished a factual record of their military service, the character and duration of service, and the type of separation on DD Form 214.  

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared and will be issued for all personnel at the time of their retirement, discharge, or release from active duty military service including members of the Reserve components on ADT or full-time training duty (FTTD) status who are released after completion of more than 89 days of ADT or FTTD.

12.  Army Regulation 635-5, in effect at the time, provides the appropriate entry for item 9e (Character of Service) on a DD Form 214.  There are four authorized entries and they are honorable, under honorable conditions, under other than honorable conditions, and dishonorable.  In addition, Soldiers who enter ADT status should not receive a reenlistment code upon release or relief from ADT.  Soldiers are released to their USAR unit upon completion of training. 

13.  Army Regulation 635-5-1 (Separation Program Designators [SPD]) in effect at the time provides, in pertinent part, for the specific authorities (regulatory, statutory, or other directive) and reasons for separation from AD, ADT, or FTTD.  Specifically, Army Regulation 635-200, paragraph 5-17, provides for the release of the Soldier from ADT under the Reserve enlistment program upon completion of MOS training or 4 months of ADT.  The appropriate SPD code for such a separation is "MCD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his characterization of service.

2.  Based on the evidence of record and the regulatory guidance, in effect at the time of the applicant's relief from ADT, he is entitled to have his record corrected to show his period of active service from 24 June to 23 October 1975 as an honorable characterization.

3.  In addition, the applicant's separation document lacks the required entries to accurately record his period of AD and subsequent release from ADT upon completion of his MOS training.  The entries on the applicant's DD Form 214 should be corrected as follows: 

	a.  item 4 “28 June 1955”;

	b.  item 8c “505 T____ Street, Waynesboro, MS 39367”;

	c.  item 9c “AR 635-200, paragraph 5-17, SPD: MCD”; 

	d.  Item 9e “Honorable”;

	e.  item 11 “Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK”; and

	f.  item 16a “MOS 13B1O, Field Artilleryman.” 

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 issued on 23 October 1975 to show the following:

	a.  item 4 “28 June 1955”;

	b.  item 8c “505 T____ Street, Waynesboro, MS 39367”;

	c.  item 9c “AR 635-200, paragraph 5-17, SPD: MCD”; 

	d.  Item 9e “Honorable”;

	e.  item 11 “Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK”; and

	f.  item 16a “MOS 13B1O, Field Artilleryman.” 




      ______ _   _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)                                         AR20090008414



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ABCMR Record of Proceedings (cont)                                         AR20090008414



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