IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000395 


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 (Certificate of Release or Discharge from Active Duty) to reflect all of his schools and awards.

2.  The applicant states his DD Form 214 does not include all of his schools and awards from his other periods of service and assignments.  He goes on to state he served in military occupational specialty (MOS) 18D (Special Forces Medical Sergeant) and not in MOS 17D (Flash Ranging Crewman), which he believes is a typographical error.  He further states he reverted from MOS 18D to MOS 91C (Practical Nurse) and was subsequently reclassified to MOS 91G (Behavioral Science Specialist) when he obtained his bachelor's degree.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army 13 November 1980 for a period of 3 years, training as an infantryman, and assignment to Europe.  He completed one-station unit training as an indirect fire infantryman at Fort Benning, Georgia, and was transferred to Korea on 4 May 1981.  On 5 August 1981, after serving 3 months in Korea, he was returned to Fort Benning.

3.  On 5 August 1981, he was honorably released from active duty (REFRAD) due to an unfulfilled or erroneous enlistment commitment.  He had completed 8 months and 23 days of active service; however, his DD Form 214 issued at the time of his REFRAD shows he had completed 6 months and 23 days of active service and 2 months and 1 day of foreign service.  It also shows that he was awarded the Expert Marksmanship Qualification Badges with Rifle Bar (M16), Hand Grenade Bar, Mortar Bar (81 millimeter), and Grenade Launcher Bar (M203); the Army Service Ribbon, and the Overseas Service Ribbon.  His DD Form 214 lists no military education courses completed.  His DD Form 214 also contains an incorrect entry in block 12a (Date Entered Active Duty This Period) showing he entered active duty on 13 June 1981 instead of 13 November 1980.

4.  On 12 November 1981, he again enlisted in the Regular Army for a period of 3 years.  He reenlisted on 11 May 1984 for a period of 3 years and served until he was honorably retired on 25 March 1986 by reason of permanent physical disability.

5.  His DD Form 214 issued at the time of his retirement incorrectly reflects he entered this period of active duty on 11 May 1984 in block 12a.  Block 12c (Net Active Service This Period) shows he completed 1 year, 10 months, and 16 days of active service.  Block 12d (Total Prior Active Service) shows he completed 2 years, 7 months, and 23 days of prior active service.

6.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 25 March 1986 shows he was awarded the Army Good Conduct Medal, Army Service Ribbon, Army Achievement Medal (2nd Award), Army Commendation Medal, Overseas Service Ribbon, and Expert Infantryman Badge.

7.  Block 14 (Military Education) of his DD Form 214 for the period ending 25 March 1986 shows that he completed the 42-week Patient Care Specialist Course in 1982 and the 1-week Drug and Alcohol Coordination Workshop in 1984.
8.  A review of his official records failed to show he completed the MOS 18D course or any other courses that are not properly recorded on his DD Form 214.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  Paragraph 2-4 provides the instructions for completing the DD Form 214.  It provides that training courses for combat skills will not be entered in block 14.  Courses that are authorized for entry on the DD Form 214 must be at least 1 week (40 hours) or more in duration to be entered on the DD Form 214.  Civilian college courses are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 is in error has been noted and appears to have partial merit.

2.  The applicant originally enlisted in the Regular Army on 13 November 1980.  However, his DD Form 214 issued on 5 August 1981 reflects that he entered active duty on 13 June 1981.  Accordingly, that DD Form 214 should be corrected to show in block 12a that he entered active duty on 13 November 1980, in block 12c. that he served 8 months and 23 days of active service and in block 12f. that he served 3 months of foreign service.

3.  The applicant again enlisted in the Regular Army on 12 November 1981 and served without a break until he was retired by reason of permanent disability on 25 March 1986.  However, his DD Form 214 for this period shows he entered active duty on 11 May 1984, which was the date of his last reenlistment.  It also shows he completed 1 year, 10 months, and 16 days of active service during this period and 2 years, 7 months, and 23 days of prior active service.

4.  Accordingly, his DD Form 214 issued on 25 March 1986 should be corrected to show he entered this period of active duty on 12 November 1981 and he completed 5 years, 2 months, and 14 days of active service during this period.  Block 12d should reflect that he completed 8 months and 23 days of prior active service.

5.  The applicant's contention that some of his awards were not added to his DD Form 214 issued on 25 March 1986 has been noted and appears to have some merit.  The applicant was awarded the Expert Marksmanship Qualification Badges with Rifle Bar (M16), Hand Grenade Bar, Mortar Bar (81 millimeter), and Grenade Launcher Bar (M203) that were not added to his DD Form 214.  Accordingly, they should be added at this time.

6.  The applicant's contention that his DD Form 214 does not reflect all of his military education courses has been noted and appears to lack merit.  The applicant has not provided and his records do not contain any evidence of courses attended that are authorized for entry on the DD Form 214.  While there is no evidence of his completing the MOS 18D course, training for combat skills is not authorized for entry on the DD Form 214 and all MOS 18-series training is considered a combat skills set.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the entry "81  06  13" from block 12a of his DD Form 214 for the period ending 5 August 1981
* adding the entry "80  11  13" to block 12a of his DD Form 214 for the period ending 5 August 1981
* deleting the entry “00 06 23” from block 12c of his DD Form 214 for the period ending 5 August 1981
* adding the entry “00 08 23” to block 12c of his DD Form 214 for the period ending 5 August 1981
* deleting the entry "84  05  11" from block 12a of his DD Form 214 for the period ending 25 March 1986
* adding the entry "81  11  12" to block 12a of his DD Form 214 for the period ending 25 March 1986
* deleting the entry "01  10  16" from block 12c of his DD Form 214 for the period ending 25 March 1986
* adding the entry "05  02  14" to block 12c of his DD Form 214 for the period ending 25 March 1986
* deleting the entry "02  07  23" from block 12d of his DD Form 214 for the period ending 25 March 1986
* adding the entry "00  08  23" to block 12d of his DD Form 214 for the period ending 25 March 1986
* adding the Expert Marksmanship Qualification Badges with Rifle Bar (M16), Hand Grenade Bar, Mortar Bar (81 millimeter), and Grenade Launcher Bar (M203) to block 13 of his DD Form 214 for the period ending 25 March 1986

2.  The Board further determined 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 additional military education courses to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110000395



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ABCMR Record of Proceedings (cont)                                         AR20110000395



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