BOARD DATE:	 22 June 2010  

		DOCKET NUMBER:  AR20090018237 


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, removal of lost time in item 29 (Dates of Time Lost During this Period) on her 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty).  She also request correction of item 14 (Military Education) on her DD Form 214 to reflect her military education.

2.  The applicant states she never received a DD Form 215 (Correction to DD Form 214) to provide missing and incorrect information.  She states she was rushed through her separation processing and tried to dispute the information regarding lost time and her military education but was told they only had temporary records and could not make any changes or corrections.  

3.  She states she was told during outprocessing she had 5 days of lost time but maintains she was never absent without leave (AWOL).  She also questions how she could only have temporary records if she was at Fort Carson, CO for more than 2 years. 

4.  The applicant provides no additional information in support of her 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.  Records available to the Board indicate the applicant served an initial period of military service with the Army National Guard before enlisting in the Regular Army in 1975.  Prior to enlisting in the Regular Army, she completed a Personnel Management Course at Fort Benjamin Harrison, IN, which resulted in here being awarded military occupational specialty 75C.

3.  The applicant served on active duty continuously through a series of reenlistments until 14 February 1992 when she was involuntarily discharged following receipt of a Department of the Army Bar to Reenlistment under the Army's Qualitative Management Program.

4.  Although the paper copy of the applicant's records are extremely limited, they include a DA Form 2-1 (Personnel Qualification Record) which was reconstituted in June 1991 while the applicant was assigned to Fort Carson.  The file did include a microfiche copy of her Official Military Personnel File (OMPF).  The OMPF contains copies of various performance evaluation reports, enlistment and reenlistment documents, disciplinary actions, and awards and decorations.

5.  According to a hard copy, original DA Form 4187-E (Personnel Action) contained in the available evidence the applicant was reported AWOL at 0800 hours on 17 September 1989 and she returned to duty at 0830 hours on
21 September 1989.  The applicant was assigned to a Field Artillery unit in Germany at the time.  The AWOL period is also captured on the 1991 DA Form 2-1, which the applicant authenticated.

6.  When the applicant's 1992 DD Form 214 was issued, her 4 day period of AWOL (890917-890920) was recorded in item 29.  The lost time was based on Title 10 United States Code (USC) Section 972.

7.  Item 17 (Civilian Education and Military Schools) on her DA Form 2-1 shows she completed the following courses since enlisting in 1975:

* Tactical Wire Operations Specialist Course – 8 weeks – 1976
* Basic Leadership Course – 3 weeks – 1976
* Clerk Typist Course – 2 weeks – 1976
* Primary Leadership Course – 4 weeks – 1977
* 00E (Recruiting) Course – 8 weeks – 1979
* Station Commander's Course – 1 week – 1981
* Advanced Noncommissioned Officer Course – 8 weeks – 1984
* Tactical Communications Chief/Officer Course – 3 weeks – 1989

8.  Certificates of training contained in her OMPF confirm she completed the Recruiting Course in June 1979, the Station Commander's School in August 1981, Advanced Noncommissioned Officer Course in June 1984, and the Tactical Communications Chief/Officer Course in March 1989.  Although her OMPF does not contain a certificate confirming completion of the Tactical Wire Operations Specialist Course an entry on an earlier DD Form 214 notes she completed that course in January 1976, consistent with the entry in item 17 of her DA Form 214.

9.  Her Basic and Primary Leadership Courses and the Clerk Typist Course reflected in item 17 of her DA Form 2-1 are not confirmed by certificates contained in her OMPF.

10.  Item 14 (Military Education) on her DD Form 214 contains the statement "see item #18."  Item 18 on her DD Form 214 notes the applicant was separated on temporary records and the Soldier's affidavit and that a DD Form 215 would be issued to provide missing information or to correct any relevant information.

11.  References:

	a.  Title 10 USC Section 972 states an enlisted member who deserts, is absent from his organization, station, or duty for more than one day without proper authority, is confined by military or civilian authority, or is unable for more than one day to perform his duties because of intemperate use of drugs or alcohol or because of disease or injury resulting from misconduct is liable, after return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted.

	b.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents and entries, which are to be made in Item 14 of the DD Form 214.  The instructions are as follows:  "List in-service training courses; title, number of weeks, year successfully completed during this period of service.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed."


DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, other than the applicant's own assertion, there is no evidence disputing her 4 days of AWOL in 1989.  The fact she authenticated her DA Form 2-1 with the AWOL information in 1991, several months prior to separation, supports the validity of the entry on her DD Form 214.  In the absence of evidence to the contrary, regularity is presumed.

2.  Although not all of the training courses recorded in item 17 of her DA Form 
2-1 are supported by certificates in her OMPF, it would have been reasonable to believe the applicant completed both the Basic and Primary Leadership Courses prior to attending the Advanced Noncommissioned Officer Course.  It is also then reasonable to believe the entry regarding the Clerk Typist Course is valid.

3.  In view of the foregoing, the information contained in item 17 of her DA Form 2-1, is accepted as sufficient evidence to correct item 14 on her DD Form 214 to reflect the following:

* Tactical Wire Operations Specialist Course – 8 weeks – January 1976
* Basic Leadership Course – 3 weeks – 1976
* Clerk Typist Course – 2 weeks – 1976
* Primary Leadership Course – 4 weeks – 1977
* 00E (Recruiting) Course – 8 weeks – June 1979
* Station Commander's Course – 1 week – August 1981
* Advanced Noncommissioned Officer Course – 8 weeks – June 1984
* Tactical Communications Chief/Officer Course – 3 weeks – March 1989

4.  There is insufficient evidence available to explain why the applicant was separated on temporary records in spite of having been assigned to Fort Carson for more than 2 years.

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:

   a.  deleting the entry "SEE ITEM #18" from item 14 on her 1992 DD Form 214; and
   
   b.  entering the following in item 14 on her DD Form 214:
   
* Tactical Wire Operations Specialist Course – 8 weeks – January 1976
* Basic Leadership Course – 3 weeks – 1976
* Clerk Typist Course – 2 weeks – 1976
* Primary Leadership Course – 4 weeks – 1977
* 00E (Recruiting) Course – 8 weeks – June 1979
* Station Commander's Course – 1 week – August 1981
* Advanced Noncommissioned Officer Course – 8 weeks – June 1984
* Tactical Communications Chief/Officer Course – 3 weeks – March 1989
   
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 removing the AWOL entry from item 29 on her DD Form 214.



      ___________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)                                         AR20090018237



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ABCMR Record of Proceedings (cont)                                         AR20090018237



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