IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110005735 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
6 March 1992:

* change rank and pay grade to sergeant/pay grade E-5
* change primary military occupational specialty (MOS) to 96B2O (Intelligence Analyst)
* add secondary MOS 37F2O (formally 96F) (Psychological Operations Specialist)
* add Basic Course Chinese-Mandarin
* add Primary Leadership Development Course (PLDC)

2.  The applicant states, in effect, these errors were discovered in December 1992.

3.  The applicant provides:

* transcript from the Defense Language Institute, Presidio of Monterey, CA
* certificate for completion of PLDC
* orders awarding him the MOS 96F1O
* orders for promotion to sergeant/pay grade E-5


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.  He enlisted in the U.S. Army Reserve (USAR) on 10 April 1987.  He completed basic combat and advanced individual training and was awarded MOS 96B.

3.  He completed his period of initial active duty for training and was issued a 
DD Form 214 for the period from 1 September 1987 to 1 March 1988.  

4.  A DA Form 1059 (Service School Academic Evaluation Report), dated 
9 September 1989 shows he attended PLDC from 26 August to 9 September 1989.  

5.  Headquarters, 7th Psychological Operations Group, Presidio of San Francisco, CA Permanent Order 24-1, dated 10 January 1991, awarded him the secondary MOS 96F (later changed to 37F) effective 10 January 1991.

6.  He was ordered to active duty effective 29 April 1991 to attend the Basic Mandarin Chinese Course at the Presidio of San Francisco.

7.  Headquarters, 7th Psychological Operations Group, Presidio of San Francisco Orders 4-1, dated 26 January 1992, promoted him to sergeant/pay grade E-5 and awarded him the MOS 96B2O effective 26 January 1992.  Other MOS action included the award of secondary MOS 37F2O.

8.  An Official Transcript from the Defense Language Institute, Foreign Language Center, Presidio of Monterey shows he attended the Basic Chinese-Mandarin course from 2 May 1991 to 14 February 1992 (38 weeks).  The standard course length was 47 weeks.  The transcripts show he withdrew and his grade point average when withdrawn was 3.1 (on a 4.0 scale).

9.  On 6 March 1992, he was released from active duty.  His DD Form 214 contains the following entries:

* item 4a (Grade, Rate, or Rank) - SPC (specialist)
* item 4b (Pay Grade) - E-4
* item 11 (Primary Specialty) - 96B10 Intelligence Analyst, 4 years, 
0 months
* item 12h - 88 12 27 (1988 December 27)
* item 14 (Military Education) - None

10.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  

	a.  The primary MOS codes, titles, years, and months  and all additional MOSs served in for a period of 1 year or more were to be entered in item 11 of the DD Form 214.  The proponent of this regulation determined if a USAR Soldier is ordered to active duty for less than 1 year and is MOS qualified from the first day of active duty the entry would reflect the number of months in the MOS.

	b.  Formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214  will be entered in Item 14.  

DISCUSSION AND CONCLUSIONS:

1.  He was promoted to sergeant/pay grade E-5 on 26 January 1992.  Therefore, his DD Form 214 with a separation date of 6 March 1992 should reflect in:

* item 4a - Sergeant
* item 4b - E-5
* item 12h - 92 03 26 (1992 March 26)

2.  He was awarded MOS 96B2O effective the date of his promotion.  Therefore, item 11 of his DD Form 214 should reflect 96B2O, Intelligence Analyst, 
10 months. However, It is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record.  Therefore, the time in specialty will remain 4 years 0 months.  He was awarded the MOS 96F1O (later changed to 37F) on 10 January 1991. He was MOS qualified when he entered active duty on 29 April 1991.  His promotion 

orders show the award of MOS 37F2O.  Therefore, item 11 of his DD Form 214 with a separation date of 6 March 1992 should be changed to read:

	96B2O, Intelligence Analyst, 4 years 0 months
	37F20, Psychological Operations Specialist, 0 years 10 months

3.  Only training courses completed during the period of service covered by the DD Form 214 are entered in item 14.  

	a.  He completed PDLC in between his two periods of active duty.  Therefore, this course would not be entered on either of his DD Forms 214.  

	b.  The transcripts from the Defense Language Institute show he withdrew from the Basic Chinese-Mandarin after completing 38 weeks of a 47 week course.  Therefore, this course will not be added to his DD Form 214.  

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 his DD Form 214 with a separation date of 6 March 1992 to show in:

* item 4a - Sergeant
* item 4b - E-5
* item 11 - 96B2O, Intelligence Analyst, 4 years 0 months
    37F20, Psychological Operations Specialist, 0 years 10 months
* item 12h - 92 03 26 

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 adding PDLC and Basic Chinese-Mandarin to his 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)                                         AR20110005735



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ABCMR Record of Proceedings (cont)                                         AR20110005735



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