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ARMY | BCMR | CY2010 | 20100007821
Original file (20100007821.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100007821 


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 item 12d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1992 to show all his periods of active duty (AD) service, including the period from 2 July - 5 September 1987, 14-18 December 1987, 21-23 December 1987, and 28-30 December 1987.  He also requests correction of item 14 (Military Education) of the same DD Form 214 to show his military education, including completion of the Basic Training, Motor Transport Operator, and the Small Arms Maintenance courses.

2.  The applicant states, in effect, he enlisted under the split-option program and as a result was never issued a DD Form 214 after he completed basic training in 1987 nor was it entered on the DD Form 214 he was issued after he completed advanced individual training in 1988.  He further states when he transferred from the U.S. Army Reserve (USAR) to the Regular Army (RA) the fidelity of his training records was lost during his conversion from enlisted to warrant officer status.

3.  The applicant provides a Leave and Earnings Statement (LES) for the period
1-31 August 1987, five military pay vouchers, and three certificates of training.

CONSIDERATION OF EVIDENCE:

1.  The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points) shows he served in the USAR in an enlisted status from 19 May 1987 to 30 November 1988.

2.  The applicant submitted an LES which shows the following:

* 19 May 1987 is his pay entry basic date (PEBD)
* July 1987 is the first record month on computer
* 2 July 1987 is his basic active service date (BASD)

3.  The applicant submitted five military pay vouchers (MPV), which show the following:

* dated 7 July 1987, he entered active duty on 2 July 1987 and received an initial advance in pay
* for the period 1-5 September 1987, shows he was discharged on 5 September 1987 by self-terminating orders
* for the period 14-18 December 1987, shows he was paid basic allowance for quarters (BAQ) and rations for 5 days based on Orders Number
032-041, Headquarters, 124th Army Reserve Command (ARCOM), dated 24 November 1987
* for the period 21-23 December 1987, shows he was paid  BAQ and rations for 3 days based on Orders Number 032-042, Headquarters,
124th ARCOM, dated 24 November 1987
* for the period 28-30 December 1987, shows he was paid BAQ and rations for 3 days based on Orders Number 032-042, Headquarters, 124th ARCOM, dated 24 November 1987

4.  On 21 June 1988, the applicant was ordered to active duty for training (ADT) and he served until he was relieved from ADT on 31 August 1988.  The DD Form 214 he was issued shows in:

* item 12c (Net Active Service this Period) the entry "00 years, 02 months, and 10 days"
* item 12d (Total Prior Active Service) the entry "00 years, 00 months, and
00 days"
* item 14 (Military Education) the entry "MOTOR TRANSPORT OPERATOR, 9 WKS [weeks], AUG 88 // NOTHING FOLLOWS"

5.  On 1 December 1988, the applicant enlisted in the RA and he served until he was honorably discharged on 30 September 1992 and ordered to active duty (AD) as a warrant officer on 1 October 1992.  The DD Form 214 he was issued shows in:

* item 12c the entry "03 years, 10 months, and 00 days"
* item 12d the entry "00 years, 02 months, and 10 days"
* item 14 the entry "GERMAN HEADSTART, 1 WK, 1988 // WARRANT OFFICER CANDIDATE SCHOOL, 6 WKS, 1992 // NOTHING FOLLOWS

6.  The applicant submitted the following certificates of training:

* Basic Training Class Number 37-87, dated 3 September 1987
* 88M Motor Transport Operator Course, dated 26 August 1988
* SAM 31, Small Arms Maintenance for Unit Armorers Course, 16-27 April 1990, dated 27 April 1990

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

* item 12d, all service entered will be less time lost under Title 10, U.S. Code, section 972 and time lost after expiration of term of service.

* item 14, list in-service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

8.  Army Regulation 635-5 also states, in pertinent part, that Reserve component (RC) Soldiers completing 90 days or more of continuous ADT will be issued a DD Form 214 if it results in the award of a military occupational specialty (MOS).  This includes completion of advanced individual training under the Army National Guard Alternate Training Program or USAR Split Training Program.

9.  Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog), in effect at the time, was the official source of information on formal 

courses of instruction offered at U.S. Army Schools and Training Centers.  It stated the objective of basic training was to begin the transition of new enlistees from a civilian to a military environment, developing in them discipline, motivation, and commitment, and teaching them basic Soldier combat skills and selected battlefield survival skills while toughening them mentally and physically.

DISCUSSION AND CONCLUSIONS:

1.  Computation of the applicant's total prior active service in accordance with applicable regulations shows his total prior service as follows:

* 2 July 1987 - 5 September 1987 equals 2 months and 4 days
* 21 June 1988 - 31 August 1988 equals 2 months and 10 days
* 14 - 18 December 1987 equals 5 days
* 21 - 23 December 1987 equals 3 days
* 28 - 30 December 1987 equals 3 days

Therefore, item 12d of his DD Form 214 for the period ending 30 September 1992 should be corrected to show the entry "00 years, 04 months, and 25 days."

2.  Evidence shows he completed the Small Arms Maintenance for Unit Armorers Course in 1990, which is not annotated on his DD Form 214 for the period ending 30 September 1992.  Therefore, this DD Form 214 should be corrected to add this course.

3.  Evidence shows the applicant completed basic training under the USAR Split Training Program.  However, the governing regulation for the preparation of the DD Form 214 states training courses for combat skills are not to be listed.  Although basic training included developing new Soldiers in discipline, motivation, and commitment, it primarily teaches them basic Soldier combat skills and selected battlefield survival skills, while toughening them mentally and physically to handle any situation in a combat environment.  Therefore, the basic training course should not be listed on the applicant’s DD Form 214.

4.  Evidence shows the applicant completed the 88M Motor Transport Operator Course on 26 August 1988, which is correctly shown on his DD Form 214 for the period 31 August 1988.  However, the governing regulation states to list in-service training courses successfully completed during the period of service covered by the DD Form 214.  Therefore, he is not entitled to add this course completion on his DD Form 214 for the period ending 30 September 1992.

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 from item 12d of his DD Form 214 for the period ending
30 September 1992 the entry "02 months and 10 days";

   b.  adding to item 12d of his DD Form 214 for the period ending
30 September 1992 the entry "04 months and 25 days"; and

   c.  adding to item 14 of his DD Form 214 for the period ending 30 September 1992 the entry "SMALL ARMS MAINTENANCE FOR UNIT ARMORERS COURSE, 2 WKS, 1990."

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 adding the Basic Training course and the 88M Motor Transport Operator course to his DD Form 214 for the period ending 30 September 1992.



      __________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)                                         AR20100007821



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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