IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012398 


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 his DD Form 214 (Report of Separation from Active Duty) to show:

   a.  his service for the period 11 February 1976 through 1 May 1982; and 

   b.  the required information in the following items:

* Item 4 (Date of Birth)
* Item 5a (Selective Service Number)
* Item 5b (Selective Service Number Local Board Number, City, State, and Zip Code)
* Item 5c (Home of Record)
* Item 6b (Pay Grade)
* Item 7 (Date of Rank)
* Item 9c (Authority and Reason)
* Item 9f (Type of Certificate Issued)
* Item 10 (Reenlistment Code)
* Item 11 (Last Duty Assignment and Major Command)
* Item 13 (Terminal Date of Reserve/MSS Obligation)
* Item 18a-e (Record of Service)





2.  The applicant also requests correction of the following items on his DA Form 2-1 (Personal Qualification Record – Part II):

* Item 18 (Appointments and Reductions)
* Item 32a-e (Reserve Component Data)
* Item 33 (Date Prepared and Reviewed)

3.  The applicant states, in effect, the above items are either missing information or they are incorrect. 

4.  The applicant provides a copy of his DD Form 214; DA Form 2-1; and copy of Orders 04-1022289, dated 28 April 1982.

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's records show he enlisted in the U.S. Army Reserve (USAR) on 11 February 1976 for a period of 6 years.  He was ordered to active duty on 
28 March 1976 for the purpose of attending basic combat and advanced individual training.  After completion of training, he was awarded military occupational specialty (13B) Field Artillery Crewman.   

3.  The applicant’s DD Form 214 shows he was released from active duty for training on 19 June 1976 and transferred to the Commonwealth of Massachusetts Military Division, The Adjutant General's Office, Boston, MA.  This active service equals 2 months and 22 days. 






4.  The applicant’s DD Form 214 reveals pertinent data was omitted at the time it was prepared.  The available records used to acquire this information include the DD Form 4 (Enlistment Contract – Armed Forces of the United States) and available military personnel records:

* Item 4 (Date of Birth) – "56 05 04"
* Item 5a (Selective Service Number) "NA"
* Item 5b (Selective Service Number Local Board Number, City, State, and Zip Code) "NA"
* Item 5c (Home of Record) "1__  M_____ St., Dorchester, MA 02125"
* Item 6b (Pay Grade) "E-2"
* Item 7 (Date of Rank) "76 06 11"
* Item 9c (Authority and Reason) "Army Regulation 635-200, chapter 2"
* Item 9f (Type of Certificate Issued) "NA"
* Item 10 (Reenlistment Code) "NA"
* Item 11 (Last Duty Assignment and Major Command) "Service Battery, 5th Battalion, 5th Field Artillery, Roslindale, MA (USAR)"
* Item 13 (Terminal Date of Reserve/MSS Obligation) "82 02 10"
* Item 18 (Record of Service)
* a (Net Active Service This Period) "00 02 22"
* b (Prior Active Service) "00 00 00"
* c (Total Active Service) "00 02 22"
* d (Prior Inactive Service) "00 01 17"

5.  A copy of Special Order Number 59, dated 24 June 1976, shows the applicant was further reassigned to Service Battery, 5/5th Artillery, Roslindale, MA with an effective date of 30 June 1976.  

6.  His records also contain a memorandum, dated 13 November 1980, that shows the applicant was being considered for separation for misconduct under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 7, section VII by reason of unsatisfactory participation.  All the facts and circumstances surrounding this separation action are not available for review.  His records also contain a copy of Orders 26-30, dated 5 February 1981, that show he was released from his unit due to unsatisfactory participation and he was reassigned to the USAR Individual Ready Reserve (IRR) with an under other than honorable conditions character of service.  

7.  A copy of Orders 04-1022289, dated 28 April 1982, which was provided by the applicant, shows on 1 May 1982 he was honorably discharged from the IRR in the pay grade of E-1.  His records contain a statement on the reverse side of this order which contain the following entry, “Subject being discharged, although assigned to this organization, is not present for duty.  Discharge certificate and discharge orders are being mailed to the last known address this date, 3 June 1982.”

8.  The DA Form 2-1 provides a record of an individual's personnel management qualifications such as grade, skills, physical limitations, and assignment history.  It is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  

9.  Army Regulation 135-91 (Policies and Procedures Governing Satisfactory Participation) prescribes policies, procedures, and responsibilities pertaining to satisfactory completion of the Ready Reserve service obligation and enforcement procedures pertaining thereto for certain personnel of the Reserve Components. Section III pertains to unexcused absence.  It states, in pertinent part, that statutorily or contractually obligated enlisted members who are charged with unsatisfactory participation may be transferred to the IRR.

10.  Army Regulation 635-5 (Separation Documents) 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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR) or any other document authorized for filing in the Official Military Personnel File (OMPF).  Paragraph 2-4 of this regulation contains item-by-item instructions for completing the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 and DA Form 2-1 should be corrected was carefully considered and was found to be partially supported by the available evidence.

2.  The DD Form 214 provided to this Board by the applicant is for a specific period of time – 28 March through 19 June 1976.  As such, any event or entry item that occurred outside of this period, with the exception of awards and decorations, may not be reflected.  The applicant's release from his unit, his transfer to the IRR which occurred on 5 February 1981, and his discharge from the USAR on 1 May 1982, occurred outside the period of this DD Form 214.  Therefore, this information should not be entered as requested.   



3.  The DD Form 214 for the period ending 19 June 1976 contains numerous omissions and it should be corrected.  Some items which contain the entry "NA" are correct as shown.  The following items on his DD Form 214 should be amended:

* Item 4 (Date of Birth) – "56 05 04"
* Item 5c (Home of Record) "1__  M_____ St., Dorchester, MA 02125"
* Item 6b (Pay Grade) "E-2"
* Item 7 (Date of Rank) "76 06 11"
* Item 9c (Authority and Reason) "Army Regulation 635-200, chapter 2"
* Item 11 (Last Duty Assignment and Major Command) "Service Battery, 5th Battalion, 5th Field Artillery, Roslindale, MA (USAR)"
* Item 13 (Terminal Date of Reserve/MSS Obligation) "82 02 10"

4.  The following items of the applicant's DD Form 214 are correct as shown; therefore, there is no reason to amend the following items:

* Item 5a (Selective Service Number) "NA"
* Item 5b (Selective Service Number Local Board Number, City, State, and Zip Code) "NA"
* Item 9f (Type of Certificate Issued) "NA"
* Item 10 (Reenlistment Code) "NA"
* Item 18 (Record of Service)
* a (Net Active Service This Period) "00 02 22"
* b (Prior Active Service) "00 00 00"
* c (Total Active Service) "00 02 22"
* d (Prior Inactive Service) "00 01 17"

5.  The applicant requested that his DA Form 2-1 be corrected.  The applicant's military service records show he was discharged on 1 May 1982.  As such, his DA Form 2-1 is no longer active or accessible; therefore, no further action is appropriate.

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 amending the following items of his DD Form 214 to show:    

* Item 4 (Date of Birth) – "56 05 04"
* Item 5c (Home of Record) "1__  M_____ St., Dorchester, MA 02125"
* Item 6b (Pay Grade) "E-2"
* Item 7 (Date of Rank) "76 06 11"
* Item 9c (Authority and Reason) "Army Regulation 635-200, chapter 2"
* Item 11 (Last Duty Assignment and Major Command) "Service Battery, 5th Battalion, 5th Field Artillery, Roslindale, MA (USAR)"
* Item 13 (Terminal Date of Reserve/MSS Obligation) "82 02 10"

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 correction of his DA Form 2-1 and adding the following to his DD Form 214:  

* Item 5a (Selective Service Number(SSN)) "NA"
* Item 5b (SSN Local Board Number, City, State, and Zip Code) "NA"
* Item 9f (Type of Certificate Issued) "NA"
* Item 10 (Reenlistment Code) "NA"
* Item 18 (Record of Service)
* a (Net Active Service This Period) "00 02 22"
* b (Prior Active Service) "00 00 00"
* c (Total Active Service) "00 02 22"
* d (Prior Inactive Service) "00 01 17"




      __________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)                                         AR20100012398



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ABCMR Record of Proceedings (cont)                                         AR20100012398



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