IN THE CASE OF:
BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008458
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 July 1980 to show his training in military occupational specialty (MOS) 31V (Tactical Communications System Operator/Mechanic) and his 3-month assignment for Reforger-85 in the Federal Republic of Germany. He also requests to receive the letter of recommendation that he was promised, and he requests eligibility for Montgomery GI Bill (MGIB) benefits.
2. The applicant states that his DD Form 214 does not show his training, eligibility for MGIB benefits, and his letter of recommendation.
3. The applicant provides copies of his DD Form 214 and item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. This Board does not have jurisdiction with regard to determining and awarding MGIB benefits. The Department of Veterans Affairs operates this education and training program. Additional information about the MGIB and other educational programs can be obtained at http://www.gibill.va.gov/ or by calling
1-888-442-4551. This issue will not be further discussed in these proceedings.
3. A review of the applicant's personnel records failed to locate the letter of recommendation requested by the applicant. This issue will not be further discussed in these proceedings.
4. On 25 October 1979, the applicant enlisted in the U.S. Army Reserve for 6 years. On 28 March 1980, he was ordered to initial active duty for training (IADT) at Fort Gordon, Georgia.
5. On or about 21 May 1980, the applicant successfully completed basic combat training and was enrolled in advanced individual training for MOS 36K (Tactical Wire Operations Specialist). On 24 July 1980, the applicant was released from IADT and returned to his Reserve unit.
6. The applicant's DD Form 214 shows:
a. in item 11 (Primary Specialty Number and Title), 36K1O (Tactical Wire Operations Specialist);
b. in item 12 (Record of Service), date entered IADT as 28 March 1980; date separated from IADT as 24 July 1980; and
c. in item 14 (Military Education), Tactical Wire Operations Specialist Course, 6 weeks (July 1980).
7. Records show that the applicant successfully completed the Tactical Communications System Operator/Mechanic Course (31V) during the period from 12 to 23 July 1982.
8. On 4 March 1983, the applicant was reassigned to the 20th Psychological Operations Battalion.
9. Orders 11-1, 14th Psychological Operations Battalion, dated 18 April 1983, awarded the applicant 31V as his primary MOS and 36K as his secondary MOS effective on the date of the orders.
10. Records show that the applicant was awarded the Army Reserve Components Overseas Training Ribbon for superior performance during exercise Reforger-85 from 14 January 1985 to 8 February 1985.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his training in MOS 31V and his assignment to Reforger-85.
2. Records show that the applicant completed training in MOS 31V in 1982 and was awarded 31V as his primary MOS in 1983. This training and award of MOS was after his period of IADT. Therefore, it is not appropriate to show this information on his DD Form 214.
3. Records show that the applicant's deployment for exercise Reforger-85 occurred after completion of his IADT. Therefore, this deployment should not be shown on his DD Form 214.
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) AR20090008458
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ABCMR Record of Proceedings (cont) AR20090008458
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