IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20100009387
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, reissuance of his 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he does not recall receiving a DD Form 214 when he was appointed as a warrant officer in 1995. He states he does not have a copy, and officials in St. Louis do not have a copy. He made an inquiry to Fort Rucker, Alabama where the DD Form 214 should have been issued and they failed to produce a copy. The applicant states he never thought to look for this previously issued DD Form 214 until he was getting ready to retire from active Federal service. He states he would like a DD Form 214 created for his
13 years of enlisted service.
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant initially enlisted in the United States Army Reserve (USAR) on 27 August 1981 under the Armys delayed enlistment program (DEP). On 29 December 1981, the applicant enlisted in the Regular Army after 4 months and 2 days in the DEP.
2. Following the applicants enlistment in the Regular Army, he continued to serve on active duty via a series of reenlistments until 10 April 1995. By July 1992 he had attained the rank of Sergeant First Class.
3. On 11 April 1995 the applicant accepted an appointment as a USAR warrant officer with concurrent call to active duty and continued to serve in an active duty status without a break in military service.
4. Army Regulation 635-5 (Separation Documents) states that a DD Form 214 will be issued when an enlisted Soldier is discharged to continue on active duty as a commissioned or warrant officer. The applicants OMPF (Official Military Personnel File) does not contain a copy of his DD Form 214.
5. The above regulation also states that a DD Form 214 will not be issued to replace record copies of the DD Form 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record should be issued.
6. In the applicants case, when he retires from active Federal service, his DD Form 214 will reflect the date he entered active duty as a warrant officer (11 April 1995). Item 12d (total prior inactive service) will reflect 13 years, 3 months, and 12 days of prior active service as an enlisted Soldier. Iitem 12e (total prior inactive service) will reflect 4 months and 2 days of service in the DEP. Item 13 (decorations, medals, badges, citations and campaign ribbons awarded or authorized) will reflect his awards and decorations from all periods of service although item 14 (military education) will only reflect formal in-service training courses successfully completed during the period of service covered by the
DD Form 214. His military education that was completed while he was serving as an enlisted Soldier will not be captured on his retirement DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant should have been issued a DD Form 214 when he was discharged from active duty to accept his appointment as a warrant officer in April 1995.
2. In the applicants case, his period of service in the DEP and as an enlisted Soldier, as well as his awards and decorations from his entire period of military service, will be reflected on the DD Form 214 issued at the time of retirement. The only information omitted from his retirement DD Form 214, which may have bearing on future employment, is any formal in-service training courses he may have completed while serving as an enlisted Soldier. However, that information could be recorded as part of a transcript of military record which should be issued in lieu of the DD Form 214.
3. Because the absence of a DD Form 214 from the applicants enlisted service is not conclusive evidence that a DD Form 214 was not issued at the time he was appointed as a warrant officer, the issuance of a transcript of military record is a viable and appropriate alternative to reissuing a DD Form 214 and essentially serves the same purpose. This is particularly true in view of the fact that the applicants retirement DD Form 214 will appropriately capture the applicants entire period of military service in terms of years of service and awards and decorations.
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 issuing a transcript of military records reflecting his military service as an enlisted Soldier between 27 August 1981 and 11 April 1995, including any formal
in-service training courses he may have completed which would have been included on a DD Form 214 issued at the time of discharge for the purpose of accepting an appointment as a warrant officer.
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 reissuing his 1995 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) AR20100009387
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100009387
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