IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008836
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 reconsideration for issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 19 March 1984 to 6 December 1984 for active duty for training (ADT).
2. The applicant states, in effect, he completed approximately 8 months of ADT to attend Aviator School which would have required the issuance of a DD Form 214.
3. The applicant provides a self-authored fax/memorandum, dated 5 January 2010; a DD Form 398 (Statement of Personal History), dated 6 May 1982; DA Form 759 (Individual Flight Record & Flight Certificate Army), for the period
16 December 1984 - 31 May 1985; Orders 228-4, dated 26 November 1984, his previous DA Forms 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552), and a Standard Form (SF) 180 (Request Pertaining to Military Records).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013819 on 12 January 2010.
2. The documents submitted by the applicant were not previously considered by the Board. Therefore, they are new evidence warranting consideration by this Board.
3. Having prior active enlisted service in the Regular Army and inactive service in the Army National Guard, the applicant was appointed a second lieutenant in the Army National Guard on 11 June 1982.
4. The applicant's ADT orders for the Officer Rotary Wing Aviation Course (ORWAC) are not available. However, Orders 54-24, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, dated 19 March 1984, show the applicant was attached to the 64th Company, 6th Aviation Battalion, 1st Aviation Brigade, Fort Rucker, AL to perform aviation service and begin entitlement to aviation career incentive pay, effective 19 March 1984. The additional instructions section of these orders state "Individual(s) are currently attending ORWAC 84-22."
5. Orders 228-4, issued by the same headquarters, dated 26 November 1984, show he was attached to Company E, 6th Aviation Training Battalion, 1st Aviation Brigade (Air Assault), Fort Rucker. These orders award him the Army Aviator Badge and Aeronautical Rating of Army Aviator, effective 6 December 1984. The additional instructions section of these orders state "Individuals are graduates of ORWAC 84-22."
6. On 6 December 1984, the applicant was issued a certificate by the U.S. Army Aviation Center, Fort Rucker, that shows he successfully fulfilled the requirements of instructions prescribed for the Initial Entry Rotary Wing Aviation Course.
7. The applicant's official military personnel file (OMPF) does not contain a DD Form 214 covering the period 19 March 1984 to 6 December 1984.
8. On an unknown date, the applicant tendered his resignation as an officer of the Army National Guard and requested a transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 15 December 1987, he was honorably discharged from the Ready Reserve.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states a DD Form
214 will be prepared for all personnel after completing 90 days or more of continuous ADT, full-time training duty, or active duty support; and after completing initial active duty for training (IADT) which resulted in the award of an MOS, even though the active duty was less than 90 days.
10. Army Regulation 635-5 also states a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It further directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been issued a DD Form 214 for the period 19 March 1984 to 6 December 1984 to show his period of active duty for training for completing the Officer Rotary Wing Aviation Course.
2. It appears the applicant was ordered to active duty for training for completion of the Officer Rotary Wing Aviation Course on 19 March 1984, as evidenced by Order 54-24, dated the same date. It also appears he was released from active duty for training when he completed the Officer Rotary Wing Aviation Course on 6 December 1984, as evidenced by Orders 228-4, dated 26 November 1984. Although there is no DD Form 214 of record for this period on file in his OMPF, administrative regularity presumes that a DD Form 214 was issued. In accordance with the governing regulation, reissuance of the DD Form 214 is not authorized. However, it would be appropriate to issue him a statement of service for the period 19 March 1984 to 6 December 1984.
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 partial amendment of the ABCMRs decision in Docket Number AR20090013819,
dated 12 January 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by preparing and issuing to the applicant a statement of service for the period 19 March 1984 to
6 December 1984.
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 issuance of a DD Form 214 for the period 19 March 1984 to 6 December 1984.
___________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) AR20100008836
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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