IN THE CASE OF:	 

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110021650


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), for the period ending 28 November 2005, as follows:

   a. Amend item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) to read “SGT (Sergeant)” and “E05,” instead of “SPC (Specialist)” and “E04”; 

   b. Amend item 12h (Record of Service – Effective Date of Pay Grade) to read “2006 – 02 – 16,” instead of “2001 – 05 – 20”;

   c. Amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Combat Infantryman Badge and the Overseas Service Ribbon (2nd Award); and 

   d. Amend item 14 (Military Education) to add the Dragon Medium Anti-Tank Weapon Qualification Course, M1A1 Armor Tank Course, Combat Lifesaver Course, Air Assault Course, and the Individual Infantry Training Course. 

2.  The applicant states that during his unit’s demobilization processing, upon its return from Iraq, the people responsible for completing the DD Forms 214 were overloaded and rushed – mistakes were made and information was omitted.  Regardless, this was not his fault and is inequitable if left uncorrected.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests correction of his DD Form 214, for the period ending    28 November 2005,  to show the Combat Infantryman Badge and the Overseas Service Ribbon (2nd Award).  These awards are already represented on the DD Form 214 in question, or his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 3 November 2010.  Therefore, this portion of his request will not be discussed further in these Proceedings.
 
2.  He enlisted in the Regular Army on 29 July 1992.  He completed one-station unit training, consisting of basic combat training and the Individual Infantry Qualification Course, and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  On 3 March 1994, he completed the 40-hour Dragon Medium Anti-Tank Weapon Qualification Course conducted at Schofield Barracks, HI.

4.  On 13 May 1994, he completed the 2-week Air Assault Course conducted by the 25th Infantry Division (Light), Schofield Barracks, HI.

5.  On 28 July 1996, he was discharged from the Army.  The DD Form 214 he was issued shows he completed 4 years of net active service during his period of active duty.  Item 14 contains the single entry “Air Assault Training, 2 weeks, 1994.”

6.  On 17 July 2000, he enlisted in the Tennessee Army National Guard (TNARNG).

7.  On 5 May 2001, he completed the TATS Armor Crewmen (M1/M1A1) Qualification Course, which qualified him for award of MOS 19K (Armor Crewman).

8.  Orders 137-364, TNARNG (State Area Command (STARC)), dated 17 May 2001, awarded him primary MOS (PMOS) 19K and secondary MOS (SMOS) 11B, effective 17 May 2001.

9.  On 11 June 2001, he completed the Combat Lifesaver Course, which is noted on a later-issued National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).  

10.  On 14 June 2004, he was mobilized and entered active duty in support of Operation Iraqi Freedom.  
11.  On 28 November 2005, he was honorably released from active duty, at the completion of his required period of active service, and transferred back to the TNARNG.  The DD Form 214 he was issued shows he completed 1 year,           4 months, and 28 days of net active service during his period of active duty.  Item 14 of this DD Form 214 is void of any entries.

12.  Orders 047-001, Headquarters, 3rd Squadron, 278th Armored Cavalry Regiment, TNARNG, dated 16 February 2006, promoted him to SGT effective  16 February 2006.

13.  On 25 August 2006, a DD Form 215 was constructed that amended his DD Form 214 for the period ending 28 November 2005 by:

* correcting item 12c (Record of Service – Net Active Service This Period) to read "0001 – 05 – 15,” instead of “0001 – 04 – 28”
* correcting item 12d (Record of Service – Total Prior Active Service) to read “0004 – 00 – 00,” instead of “SEE – BLOCK - #18”
* correcting item 12e (Record of Service – Total Prior Inactive Service) to read “0003 – 10 – 27,” instead of “SEE – BLOCK - #18”
* correcting item 13 to add the Overseas Service Bar (2nd Award)

14.  On 26 January 2007, he was honorably discharged from the TNARNG.  

15.  On 3 November 2010, a second DD Form 215 was constructed that further amended his DD Form 214, for the period ending 28 November 2005, by correcting item 13 to add the Combat Infantryman Badge.  No other entries were amended.

16.  Army Regulation 635-5 (Separation Documents) prescribes the 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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It further provides:  

   a. Paragraph 2-4h(4) states that Item 4a and Item 4b of the DD Form 214 documents the Soldier’s grade, rate or rank and pay grade at the time of his/her separation.  

   b. Paragraph 2-4h(12)(h) states that Item 12h of the DD Form 214 documents the Soldier’s effective date of promotion to his/her current pay grade.  This data is derived from the most recent promotion order.
   c. Paragraph 2-4h(14) states that Item 14 of the DD Form 214 documents formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 (emphasis added).  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed (emphasis added).  

17.  Army Regulation 635-5 provides the circumstances that warrant the reissuance of the DD Form 214.  It states the DD Form 214 may be reissued when two DD Forms 215 have been issued and additional corrections are required. 

18.  Army Regulation 635-5 directs, in pertinent part, that when a DD Form 214 is administratively issued or reissued the entry: "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)" will be entered in Item    18 (Remarks) of all copies, unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214, for the period ending 28 November 2005, should be corrected to show his rank as SGT, his pay grade as E-5, and his effective date of pay grade as 16 February 2006.  The evidence of record shows he was promoted to SGT/E-5, effective 16 February 2006; however, the period of service covered by his DD Form 214 ended on 28 November 2005.  Therefore, his promotion to SGT occurred after his release from active duty and he is not entitled to correction of his DD Form 214 to show it.

2.  He contends that item 14 of his most recent DD Form 214, for the period ending 28 November 2005, should be corrected to show he completed the Dragon Medium Anti-Tank Weapon Qualification Course, M1A1 Armor Tank Course, Combat Lifesaver Course, Air Assault Course, and the Individual Infantry Training Course.  Army Regulation 635-5 states that because the information contained on the DD Form 214 is used to assist Soldiers in obtaining job placement and counseling, training courses for combat skills are not listed on it.

3.  The Air Assault Course is listed on his DD Form 214 for the period ending    28 July 1996.  Army Regulation 635-5 states that item 14 documents those training courses successfully completed during the period of active duty covered by the DD Form 214.  Since the Air Assault Course is already represented on the DD Form 214 that covers the period in which he completed it, he is not entitled to have it shown on his most recent DD Form 214, as it did not occur during that period of active duty.
4.  Additionally, since the information represented on the DD Form 214 is used to assist the separating Soldier in job placement and counseling, training courses for combat skills are not listed.  However, since the Combat Lifesaver Course provides real-world skills that translate into civilian employment, it would be appropriate to list it on his DD Form 214.  Since the other requested courses do not share the same distinction, there is no basis to add them 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 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 re-issuing his DD Form 214, incorporating the amendments from previous DD Forms 215, and adding the entry “Combat Lifesaver Course / 1 wk / 2001”.     The Board further recommends the entry: "DD FORM 214 ADMINISTRATIVELY REISSUED ON (date)" be entered in Item 18 of his new DD Form 214.

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 correcting his DD Form 214, for the period ending 28 November 2005, by amending items 4a and 4b to show his rank/pay grade as SGT/E-5, item 12h to show his effective date of pay grade as 16 February 2006, or item 14 to add the Dragon Medium Anti-Tank Weapon Qualification Course, M1A1 Armor Tank Course, Air Assault Course, or the Individual Infantry Training Course.



      __________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20110021650



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