IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090008645 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

	a.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) to show he served 8 years instead of 11 years and 2 months in military occupational specialty (MOS) 91B (Medical Specialist).

	b.  Item 12a (Date Entered Active Duty This Period) to show he entered active service on 4 February 1972 instead of 12 September 1974.

2.  The applicant states, in effect, that his DD Form 214 contains incorrect information. 

3.  The applicant provides a copy of his DD Form 214, dated 31 May 1985; a copy of his National Archives (NA) Form 13038 (Record of Service), dated        12 April 2008; and a copy of DFAS-IN (Army) RI 20-97 (Estimated Earnings During Military Service), dated 3 April 2008, in support of his request.

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 4 December 1972 under the Army Special Unit Enlistment Option with assignment to the U.S. Army Hospital, Fort Gordon, GA, in MOS 91B.  He completed basic combat training in or around February 1973 and the   9-week Medical Specialist Course (91A) in or around May 1973.  He was honorably discharged on 11 September 1974 for the purpose of immediate reenlistment.  He completed 1 year, 9 months, and 9 days of creditable active military service.  The DD Form 214 he was issued for this period of service is not available for review with this case; however, he was issued a certification of military service for this period at a later date.

3.  The applicant’s records also show he reenlisted in the RA for a period of 6 years on 12 September 1974.  He followed that with a 4-year reenlistment on 6 March 1981 and a 3-month extension on 12 October 1984.

4.  The applicant's records do not contain official orders awarding him a primary MOS (PMOS) or a secondary MOS (SMOS).  Additionally, his records do not contain certificates of training showing the exact dates he attended and/or completed each MOS.

5.  Item 6 (Military Occupational Specialties) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was initially awarded PMOS 91B on 20 March 1974.  The entry also shows that he was awarded PMOS 54E (Chemical Operations Specialist) on 18 February 1981 and that MOS 91B became his SMOS on that date.

6.  The applicant's records further show he was discharged on 31 May 1985 by reason of expiration term of service.  He completed 10 years, 8 months, and
19 days of creditable active service during this period of reenlistment.  The DD Form 214 he was issued shows the following entries:

	a.  Item 11 contains the entries "54E1O, Chemical Operations Specialist, 4 years and 3 months" and "91B1O, Medical Specialist, 11 years and 2 months." 

	b.  item 12 (Record of Service) shows the following entries:

		(1)  Item 12a contains the entry "74  09  12."

		(2)  Item 12b (Separation date This Period) contains the entry "85  05  31."

		(3)  Item 12c (Net Active Service This Period) contains the entry "10  08  19."

		(4)  Item 12d (Total; Prior Active Service) contains the entry "01  09  09."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states:

	a.  Item 11 shows the MOS codes, titles, years, and months for enlisted and warrant officer personnel and the specialty skill identifier for commissioned officers. 

	b.  Item 12a shows the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued.

	c.  Item 12b shows the Soldier’s transition date.  

	d.  Item 12c shows the amount of active service this period, computed by subtracting item 12a from 12b, less lost time. 

	e.  Item 12d shows the total amount of prior active military service less lost time, if any.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 4 December 1972.  He was honorably discharged on 11 September 1974 for the purpose of immediate reenlistment.  He completed 1 year, 9 months, and 9 days of creditable active military service during this period of initial enlistment.  A DD Form 214 is not available for this period of service; however, the applicant was issued a certification of military service for this period. 

2.  With respect to the applicant's date of entry, the applicant enlisted on             4 December 1972 and he should have received a DD Form 214 that captured that period of service.  That DD Form 214 is not available; however, he should have received one and administrative regularity must be presumed.   He was issued a certification of military service for this period.  His next DD Form 214 properly began on 12 September 1974, the date he reenlisted.

3.  The evidence of record further shows he reenlisted on 12 September 1974 and subsequently executed a second reenlistment and an extension in the RA.  He was discharged on 31 May 1985.  He completed 10 years, 8 months and
19 days of creditable active service during the period covered by this DD Form 214.  Item 12a of his DD Form 214 correctly reflects the entry "74  09  12" (the date he reenlisted), item 12b correctly reflects the entry "85  05  31" (the date he was discharged), item 12c correctly shows the entry "10  08  19" (the total active service from the date he reenlisted to the date he was discharged), and item 12d correctly reflects an entry of "01  09  09" which is the applicant's total prior active service.  When combining the applicant's net service in item 12c with his total prior active military service in item 12d, it equates to 12 years, 5 months, and 
28 days of total creditable active service. 

4.  The DD Form 214 is a summary of a 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.  Consolidation of two or more periods of service into one DD Form 214 is not authorized.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's request.

5.  With respect to the applicant's 91B MOS, the applicant's record is void of the official orders that awarded him MOS 91B or the certificate of training that shows the exact dates of completion of this MOS training.  However, an entry in item 6 of his DA Form 2-1 shows he was initially awarded PMOS 91B on 20 March 1974 and that this MOS became his SMOS on 18 February 1981 through his discharge date on 31 May 1985.  The period from 20 March 1974 to 31 May 1985 is 11 years and 2 months which is correctly shown on his DD Form 214.  There is neither an error nor an injustice. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____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)                                         AR20090008645



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ABCMR Record of Proceedings (cont)                                         AR20090008645



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