IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100018123 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: 

* She was a specialist four (SP4)/E-4
* She received a voluntary discharge under the provisions of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers)
* Her effective date of discharge was 1 October 1988
* Her military occupational specialties (MOS) included:

* 31M1O (Multi-channel Transmission Systems Operator), 1982 to 1985
* 71L1O (Administrative Specialist), 1985 to 1986
	
2.  The applicant states, in effect, she was voluntarily reassigned in accordance with Army Regulation 140-10, effective 1 October 1988.  She requested her
DD Form 214 in an effort to apply for Federal jobs.  However, when she received a copy of her file, she was concerned as it listed her as a private (PV2)/E-2 rather than an SP4/E-4, which is listed on her DA Form 4651-R (Request for Reserve Component Assignment or Attachment).

3.  The applicant provides:

* a DA Form 4651-R
* 
an ARPC Form 606, issued by U.S. Army Reserve Personnel Center, St. Louis, MO, subject:  Retirement Points for (applicant's name and social security number), dated 18 January 1994
* Page 3 of her DA Form 2-1 (Personnel Qualification Record - Part II)

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 record shows:

	a.  on 2 March 1982 she enlisted in the U.S. Army Reserve (USAR) and she was ordered to active duty for split option training;

	b.  from 24 May 1982 to 17 July 1982 she attended basic training at Fort Jackson, SC;

	c.  in Orders Number 40-7, issued by the Military Entrance Processing Station, Nashville, TN, dated 25 February 1983, she was ordered to active duty to attend advanced individual training in MOS 72E;

	d.  in Orders Number 106-143, issued by Headquarters, U.S. Army Signal Center, Fort Gordon, GA, dated 27 May 1983, she was awarded MOS 72E, effective 18 August 1983; and

	e.  in Orders Number 170-7, issued by the same headquarters, dated           26 August 1983, released her from active duty (REFRAD) on 31 August 1983 and returned her to the 543rd Signal Company, Huntsville, AL.

3.  The DD Form 214 for the period ending 31 August 1983 shows in:

	a.  Item 9 (Command to Which Transferred) the entry "543rd Signal,
105 Parkway Drive, Huntsville, AL";
	
	b.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) the entry "72E1O  Telecommunications Center Operator";

	c.  Item 12a (Date Entered AD this Period) the entry "83  05  20" [indicating year(s), month(s), day(s)];

	d.  Item 12b (Separation Date this Period) the entry "83  08  31";

	e.  Item 25 (Separation Authority) the entry "A[rmy] R[egulation] 635-200, para[graph] 16-9a; and

	f.  Item 28 (Narrative Reason for Separation) the entry "Reserve Component personnel upon completion of MOS training."

4.  Her DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows she reenlisted in the USAR on 21 February 1988 for a period of 6 years.

5.  Her DA Form 4651-R, dated 24 August 1988, shows in:

	a.  Item 3d (Grade) the entry "SP4";

	b.  Item 3e (Date of Rank) the entry "860929";

	c.  Item 3g (PMOS) the entry "72E1O";

	d.  item 4 (Action) the entry "Vol Asgmt [voluntary assignment];

	e.  Item 4d (Effective date) the entry "1 Oct[ober] 1988;

	f.  Item 4e (Authority and Reason for Transfer) the entry "AR 140-10 Voluntary Reassignment"; and

	g.  Item 5h (Duty MOS) the entry "31M."

6.  Her DA Form 2-1 shows in:

	a.  Item 17 (Civilian Education and Military Schools), in part, the entry:

* 3392nd USAR School, 31M, 96 hours, 1984
* 3392nd USAR School, 71L, 2 weeks, 1987

	b.  Item 18 (Appointments and Reductions) the entry "Grade - SP4; Component - USAR; Effective Date - 860929"

7.  Item 38 (Record of Assignment) of her DA Form 2-1 shows:

* from 16 July 1982 to 19 May 1983 she served in duty MOS 31M1O as a multichannel communications operator
* from 31 August 1983 to 27 November 1986 she served in duty MOS 31M2O as a multichannel team chief
* on 28 November 1986 she served duty in MOS 71L0O as a clerk typist 

8.  Orders 021-060, issued by Headquarters, 81st USAR Command, East Point, GA, dated 17 March 1989, show she was voluntarily reassigned to the U.S. Army Personnel Center [Reinforcement], St. Louis, in accordance with Army Regulation 140-10, chapter 2.

9.  She submitted a copy of her APRC Form 606, which shows she served on active duty for over 90 days between retirement year beginning 2 March 1983 and retirement year ending 1 March 1984.

10.  Army Regulation 635-5 (Separation Documents) provides that 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 the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

11.  Army Regulation 635-5 also provides that a DD Form 214 will be provided for Reserve component Soldiers who complete 90 days or more of continuous AD for training, Full-Time National Guard Duty, AD for special work, temporary tours of active duty or AD Reserve service.

12.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS.  However, he or she must be qualified in accordance with the specifications and qualifications required for a particular MOS.  A new MOS will be awarded on qualification in any MOS (including prior military service), successful completion of MOS producing training, successful completion of on-the-job training for not less than 60 days, change in MOS structure, identifying civilian acquired skills having a direct MOS counterpart, and withdrawal of a PMOS.

13.  Army Regulation 635-200, chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR and she was ordered to AD for the purpose of completing basic and advanced individual training.  There is no evidence nor did she provide any evidence that shows she served on AD for any period other than for the purpose of completing advanced individual training for 90 days or more.

2.  The pertinent Army regulation states that the DD Form 214 is a snapshot of active duty service.  Evidence of record shows that she was on AD for 72E MOS training and, upon completion of such training, she was returned to the USAR to complete her remaining USAR obligation.  She was on AD this period from       20 May 1983 through 31 August 1983, for a period of 3 months and 11 days.  Therefore, there is no basis for changing her DD Form 214 to show any further active service beyond her completion of ADT on 31 August 1983.

3.  Evidence of record shows she was released from AD after completing her MOS school.  Evidence of record also shows she later requested to be voluntarily transferred from a USAR troop program unit in accordance with Army Regulation 140-10 and transferred to the USAR (Reinforcement).  Therefore, there is no basis to correct her DD Form 214 to show the authority for her separation from active duty was in accordance with Army Regulation 140-10.  

4.  Although the applicant served in MOSs 31M and 71L while she in the USAR, she did not serve in MOS 31M and/or 71L during the period covered by her DD Form 214.  Therefore, she is not entitled to correction of her DD Form 214 to add the MOSs 31M and 71L at the time of her REFRAD.

5.  Although she was advanced to SP4/E-4, it did not occur until 29 September 1986, over 3 years after the period covered by her DD Form 214.  Therefore, she is not entitled to correction of her DD Form 214 to show her rank/grade as SP4/E-4 at the time of her REFRAD.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_______  _________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ 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)                                         AR20100018123



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1