IN THE CASE OF:	

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090011754 


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, that his record be corrected to show the following: 

	a.  that he was inducted on 13 March 1969 in Amarillo, TX;

	b.  that he went to boot camp at Fort Bliss, TX;

	c.  that his military occupational specialty (MOS) is 31B;

	d.  that he went to "shake and bake training" at Fort Knox, KY;

	e.  that his first duty assignment was Detachment  68, Ordnance Company (Turkey); and

	f.  that he was discharged and immediately reenlisted on 23 July 1970.

2.  The applicant states, in effect, that the Department of Veterans Affairs (VA) has no record showing he completed 20 years of active Federal service.  He also states that the VA shows he entered active duty on 23 July 1970 instead of 13 March 1969.

3.  The applicant provides multiple copies of orders published between his date of induction on 13 March 1969 to his date of discharge on 23 July 1970 and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 23 July 1970.
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 was inducted into the Army of the United States on 13 March 1969 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded MOS 31B (Field Radio Mechanic).  He was honorably discharged on 23 July 1970 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at that time shows he completed 1 year, 4 months, and 10 days of creditable active military service.  Item 20 (Place of Entry into Current Active Service) shows the entry "El Paso, TX."  Item 23a (Specialty Number and Title) of this same DD Form 214 shows the entry "31B2O Field Radio Mechanic" and item 25 (Education and Training Completed) shows the entry "Field Radio Mechanic #2."

3.  The applicant reenlisted in the Regular Army for a period of 3 years on 24 July 1970.  He was honorably released from active duty on 26 July 1973 and transferred to the U.S. Army Reserve (USAR).  The DD Form 214 he was issued at that time shows he completed 3 years and 3 days of creditable active military service with prior active service of 1 year, 4 months, and 10 days.  His total active Federal service was 4 years, 4 months, and 13 days with 3 years and 3 days of foreign service in U.S. Army-Europe.  Item 20 of this DD Form 214 shows he entered active duty at Chakmakli, Turkey.  Item 23a shows the entry "31B2O Field Radio Mechanic" and item 25 shows the entry "Leadership Preparation Course - USAREUR - 1 week - 1972."

4.  On 24 October 1973, he was discharged from the USAR to enlist in the Regular Army.

5.  On 25 October 1973, the applicant enlisted for a 3-year period of service in the Regular Army.  He was honorably discharged on 7 December 1976 for an immediate reenlistment.  He was issued a DD Form 214 at that time that shows his net active service for this period was 3 years, 1 month, and 13 days; his prior active service was 4 years, 4 months, and 13 days; and his total active service was 7 years, 5 months, and 26 days with 2 months and 29 days of prior inactive service.  Item 10a (Primary Specialty and Title) shows his MOS as "31B2O Field Communications Equipment Mechanic."

6.  On 8 December 1976, he reenlisted and served continuously on active duty until his honorable separation on 30 June 1989 and transfer to the USAR Control Group (Retired).  He was placed on the Retired List in the rank/grade of staff sergeant/E-6 on 1 July 1989.  He was issued a DD Form 214 that shows his separation was for retirement in accordance with chapter 12, Army Regulation 635-200 (Enlisted Personnel Separations).  The DD Form 214 he was issued shows the following entries in year(s), month(s), and day(s) format:

	a.  item 12a (Date Entered [Active Duty] This Period), "1976 12 08";

	b.  item 12b (Separation Date This Period), "1989 06 30";

	c.  item 12c (Net Active Service This Period), "12 06 23"; and

	d.  item 12d (Total Prior Active Service), "07 05 27."

7.  This same DD Form 214 shows in item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) the entry "39D3O, Decentralized Automated Service Support System Computer Systems Repairer, 7 years and 8 months//
31G3O, Tactical Communications Chief, 19 years and 7 months."

8.  The applicant's records do not contain a complete history of permanent orders awarding him his primary MOS, secondary MOS (SMOS) or alternate MOS, nor are there promotion orders in his file to show his MOS promotion and award history throughout his 20-year military career.

9.  The applicant's automated DA Form 2A (Personnel Qualification Record - Part I) dated 10 January 1989 shows the applicant's primary MOS as 39D3O and his SMOS as 31G3O.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his military service.  A DD Form 214 will be issued to a Soldier at the time of separation or discharge from the Regular Army, to each member of the Reserve Components, and members of the Army of the United States called or ordered to active duty.  In 1979, the regulation was changed to show that enlisted Soldiers discharged for immediate reenlistment in the Regular Army would not receive a DD Form 214.  Official source documents used to prepare the DD Form 214 include the DA Form 201 (Military Personnel Records Jacket), DA Form 2, DA Form 2A, DA Form 2-1 (Personnel Qualification Record - Part II), separation orders, DD Form 4 (Enlistment/Reenlistment Documents of the Armed Forces of the United States), previously issued DD Forms 214 for prior service personnel, permanent orders, and any other available records.

11.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or is retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration of term of service, if any, are deducted and such time will be identified in item 18 (Remarks).

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.

12.  Army Regulation 635-5 provides that in-service training courses successfully completed during the period of service for which a DD Form 214 is prepared will be listed (e.g., medical, dental, electronics, supply, administration, personnel or heavy equipment operations).  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was issued four DD Forms 214 as required by governing directives.  He was inducted into the Army of the United States on 13 March 1969.  He was honorably discharged on 23 July 1970 for the purpose of immediate reenlistment.  He completed 1 year, 4 months, and 10 days of creditable active military service during this period of initial induction and was issued a DD Form 214 to document this period of service. 

2.  The evidence of record further shows that he reenlisted on 24 July 1970.  Three years later, on 26 July 1973, he was honorably released from active duty and transferred to the USAR.  The DD Form 214 he was issued for this period of service shows he completed 3 years and 3 days of creditable active service with 1 year, 4 months, and 10 days of prior active service.  His total active Federal service at this time was 4 years, 4 months, and 13 days with 3 years and 3 days of foreign service in U.S. Army Europe.

3.  After a short break in service, he enlisted on 25 October 1973.  He was issued a DD Form 214 on 7 December 1976 when he was honorably discharged for immediate reenlistment.  He had completed 3 years, 1 month, and 13 days of net active service and had 4 years, 4 months, and 13 days of prior active service for a total of 7 years, 5 months and 26 days of active service with 2 months and 29 days of prior inactive service.

4.  He reenlisted on 8 December 1976 and served continuously until he was separated on 30 June 1989 and placed on the Retired List on 1 July 1989.  He completed 12 years, 6 months, and 23 days of creditable active service during the period covered by his final DD Form 214.  Item 12a of his DD Form 214 for the period ending 30 June 1989 correctly reflects the entry "1976 12 08" (the date he reenlisted after being issued his last DD Form 214), item 12b correctly reflects the entry "1989 06 30" (the date he was separated), item 12c correctly shows the entry "12 06 23" (the total active service from the date he reenlisted to the date he was retired), and item 12d reflects an entry of "07 05 27" which accurately reflects the applicant's total prior active service.  When combining the applicant's net active service in item 12c to his total prior military service in item 12d, it equates to 20 years, 00 months, and 20 days of total creditable active service.

5.  The applicant MOS is 31B is properly recorded on his first three DD Forms 214.  The final separation DD Form 214 shows his primary MOS and SMOS as documented on his DA Form 2A.  In the absence of permanent orders to show his MOS upon separation in June 1989 was 31B, there is no basis to correct his DD Form 214 with a separation date of 30 June 1989 to show MOS 31B.

6.  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 early periods referenced.  The applicant’s final 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 

________  ________  ________  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)                                         AR20090011754



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ABCMR Record of Proceedings (cont)                                         AR20090011754



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