BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090011359 


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 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  show his rank/grade as first sergeant (1SG) instead of master sergeant (MSG);

	b.  show his date of entry on active duty as 19 March 1976 instead of 31 March 1978; and

	c.  show his military occupational specialty (MOS) as 63B5H (Light Wheel Vehicle Mechanic) instead of 63B5O, indicating his special qualification identifier (SQI) "H" (Instructor).

2.  The applicant states that his rank at the time of discharge should have been 1SG, that he entered active service on 19 March 1976, and that he held MOS 63B5H.

3.  The applicant provides a copy of his DD Form 4 (Enlistment or Reenlistment Agreement), dated 19 March 1976; a copy of Headquarters, 2nd Infantry Division, Korea, Orders 105-39, dated 18 April 1988; a copy of a DA Form 4187 (Personnel Action), dated 14 August 1986; a copy of Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, Orders 232-9, dated 20 August 1986; and a copy of a certificate of training for the period 9 June 1986 to 20 June 1986 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 15 February 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B.  He was honorably discharged on 9 January 1968 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 10 months, and 25 days of active duty.

3.  The applicant's records also show he executed a 4-year reenlistment in the RA on 10 January 1968.  He was honorably separated on 7 January 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 3 years, 11 months, and 28 days of creditable active service during this period and had 1 year, 10 months, and 25 days of prior active service for a total of 5 years, 10 months, and 23 days.

4.  After a short break in service, the applicant enlisted in the RA for a period of 3 years on 3 October 1972.  He completed his enlistment and was discharged on 2 October 1975.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 3 years of creditable active service during this period and had 5 years, 10 months, and 23 days of prior active service for a total of 8 years, 10 months, and 23 days.

5.  After another short break in service, the applicant enlisted in the USAR for a period of 6 years on 8 March 1976.  However, shortly thereafter, he executed a 3-year enlistment in the RA on 19 March 1976.  He then executed a 3-year reenlistment on 31 March 1978, followed by a 3-year reenlistment on 31 December 1980, a 3-month extension on 3 June 1982, and a 5-year reenlistment on 17 January 1986.
6.  On 20 June 1986, the applicant completed the 2-week Instructor Training Course at the U.S. Army Drill Sergeant Academy, Fort Dix, NJ.  He subsequently requested SQI "H" be added to his primary MOS (PMOS).

7.  On 20 August 1986, Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, published Orders 232-9, awarding the applicant PMOS 63B4H.

8.  On 6 October 1987, the applicant was promoted to MSG/E-8 and on 22 January 1988 he was reassigned to Company B, 702nd Military Intelligence Battalion, 2nd Infantry Division, Korea.

9.  On 18 April 1988, Headquarters, 2nd Infantry Division, Korea, published Orders 105-39, laterally appointing the applicant as a 1SG, effective 6 October 1987.  However, there is no indication in his records that he completed the 1SG Course.  He remained in this position until 17 February 1989 when he was reassigned to Headquarters and Headquarters Company, 67th Signal Battalion, Fort Gordon, GA, as a MSG and senior maintenance supervisor in MOS 63B5O.

10.  On 12 January 1989, the applicant requested voluntary retirement.  He indicated that his rank/grade was that of a MSG/E-8 and his MOS was 63B5O.  His request was subsequently approved and on 11 August 1989, Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, GA, published Orders 223-24, releasing the applicant from active duty on 31 October 1989 and placing him on the Retired List in his retired rank/grade of MSG/E-8 on 1 October 1989.  The DD Form 214 he was issued shows the following entries:

	a.  items 4a (Grade, rate or Rank) and 4b (Pay Grade) show "MSG" and 
"E-8,"

	b.  item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows "63B5O Light Wheel Vehicle Mechanic,"

	c.  item 12a (Date Entered Active Duty (AD) This Period) shows "78  03  31,"

	d.  item 12b (Separation Date This Period) shows "89  10  31,"

	e.  item 12c (Net Active Service This Period) shows "11  07  00," and

	f.  item 12d (Total Prior Active Service) shows "10  11  05."

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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.  items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation from his or her records;

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

	c.  item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 
1-4b(5) of this regulation.  Item 1-4bf of the regulation in effect at the time states that a DD Form 214 will not be prepared for member discharged for immediate reenlistment;

	d.  item 12b shows the Soldier's transition date;

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

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

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's MOS, the evidence of record shows the applicant was awarded PMOS 63B5H, indicating completion of instructor training. 
There is no indication that this MOS was withdrawn at a later date.  Although at the time he submitted his request for voluntary retirement he indicated that his MOS was 63B5O, there is no harm to the Army or the Soldier if his DD Form 214 is corrected to show his MOS as 63B5H.

2.  With respect to the applicant's rank/grade, the evidence of record shows the applicant's rank at the time of separation/retirement was that of a MSG.  Additionally, as there is no indication in his records that he completed the 1SG course and his retirement orders also indicated his rank was that of MSG.  There is neither an error nor an injustice.

3.  With respect to the applicant's date of entry, the regulation in effect at the time required item 12a to show the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued and that a DD Form 214 would not be prepared for member discharged for immediate reenlistment.  Although he enlisted on 19 March 1976, he reenlisted on 31 March 1978 and this later date is shown as the date he entered active service.

4.  The evidence of record shows that the applicant had previously completed a total of 8 years, 10 months, and 23 days of prior active service on the date he enlisted in the RA on 19 March 1976.  Since there was no DD Form 214 for the 2 years and 12 days of active service he completed from 19 March 1976 to 30 March 1978, this period was added to the previous 8 years, 10 months, and 23 days of prior active service for a grand total of 10 years, 11 months, and 5 days which is correctly shown in item 12d of his DD Form 214.

5.  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 was not authorized during the periods referenced.  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 requested relief.

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 deleting from item 11 of his DD Form 214, dated 31 October 1989 the entry "63B5O" and adding the entry "63B5H."


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 the applicant's rank/grade and the date of entry on active duty.



      ___________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)                                         AR20090011359



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ABCMR Record of Proceedings (cont)                                         AR20090011359



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