BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110008502 


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 show:

* his service in the U.S. Army Reserve (USAR)
* his rank/grade of staff sergeant (SSG)/E-6
* completion of military occupational specialty (MOS) 16S Stinger Crewman Transition Training Course
* 6 months of training overseas

2.  The applicant states his DD Form 214 does not reflect his Reserve time or his promotion to SSG/E-6.

3.  The applicant provides:

* 1991 DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* 1985 DA Form 4856 (General Counseling Statement)
* 1985 Orders B-05-090376
* 1987 Chronological Statement of Retirement Points
* 1982 Certificate of Completion
* 1984 Orders B-08-008659 (promotion to sergeant (SGT)/E-5)
* 1989 Orders 095-4 (promotion to SSG/E-6)
* Department of Veterans Affairs Form 21-526b (Veteran's Supplemental Claim for Compensation)


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 Regular Army for 4 years on 10 July 1979.  He completed basic combat and advanced individual training and he was awarded MOS 19D (Cavalry Scout).

3.  He served in Germany from 21 March 1982 to 29 June 1983.  He was assigned to the 2nd Battalion, 30th Infantry, 3rd Armored Division.  While in Germany, he successfully completed the 2-week MOS 16S Stinger Crewman Transition Training Course from 19 July to 30 July 1982.

4.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows he was promoted or demoted as follows:

* private (PVT)/E-1 – 10 July 1979
* private (PV2)/E-2 – 7 April 1980
* private first class (PFC)/E-3 – 10 July 1980
* specialist four (SP4)/E-4 – 20 February 1981
* PFC/E-3 – 17 March 1981
* SP4/E-4 – 5 February 1982

5.  On 30 March 1983, Headquarters, U.S. Army Regional Personnel Command, Schweinfurt, Germany, published Orders 89-109 reassigning him to the U.S. Army Separation Point at Fort Jackson, SC, for separation effective 9 July 1983.  The orders listed his rank as SP4.

6.  On or about 4 July 1983, he was issued a DA Form 137 (Installation Clearance Record) that shows he out-processed his installation.  This form listed his rank/grade as SP4/E-4.

7.  There is no indication he was promoted or appointed to a higher rank/grade during this period of active service.

8.  He was honorably released from active duty on 30 June 1983 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows he completed 3 years, 11 months, and 21 days of creditable active service.  This form further shows in:

* items 4a (Grade, Rate or Rank) and 4b (Pay Grade) – SP4 and E-4, respectively
* item 12h (Effective Date of Pay Grade) – 5 February 1982
* item 12f (Foreign Service) – 1 year, 3 months, and 5 days
* item 14 (Military Education) – 6-week Unit Supply Course in January 1982

9.  Subsequent to his release from active duty he appears to have enlisted in the USAR for 4 years on 6 November 1987.  While in the USAR he was:

* promoted to SGT/E-5 – 15 August 1984 
* awarded MOS 19D – 30 May 1985
* promoted to SSG/E-6 – 5 June 1989
* executed a 3-year extension – 9 August 1991
* discharged from the USAR in the rank of SSG – 5 November 1991

10.  There is no indication he performed any periods of active duty between the date he was released from active duty to the date he was discharged from the USAR which would have warranted the issuance of a DD Form 214.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

12.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states:

* items 4a and 4b show the active duty rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders)
* item 12h shows the total foreign service completed outside the continental United States during the period covered by the DD Form 214
* Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served on active duty from 10 July 1979 to 30 June 1983.  The highest rank/grade he attained during this period of active duty was SP4/E-4 which is correctly shown on his DD Form 214.

2.  During this period of active duty, he served in Germany from 21 March 1982 to 29 June 1983, a period of 1 year, 3 months, and 8 days of foreign service which is properly annotated in item 12h of his DD Form 214.

3.  While in Germany, he successfully completed the 2-week MOS 16S Stinger Crewman Transition Training Course from 19 July to 30 July 1982.  However, this training is a combat skill and as such is not listed on the DD Form 214.

4.  It appears that subsequent to his release from active duty in June 1983, he enlisted in the USAR on 6 November 1987 and later executed a 3-year extension in the USAR on 9 August 1991.  While in the USAR he was promoted to SGT/E-5 and SSG/E-6.  As both promotions occurred years after he was released from active duty, neither can be listed on a previously-issued DD Form 214.

5.  Aside from his active service from 1979 to 1983 for which a DD Form 214 was issued there is no evidence he performed any other period of active duty of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214.

6.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Therefore, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20110008502



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ABCMR Record of Proceedings (cont)                                         AR20110008502



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