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ARMY | BCMR | CY2011 | 20110021743
Original file (20110021743.txt) Auto-classification: Approved

		
		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110021743 


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 that item 11 on his 20 July 1989 DD Form 214 be corrected to show the time he was qualified in military occupational specialty (MOS) 44B1O and 44B2O (Metal Worker).

2.  The applicant states the Department of Veterans Affairs (VA) notified him that they need a DD Form 214 that reflects his entire period of service.

3.  The applicant provides a copy of his 20 July 1989 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The available records pertain almost exclusively to the applicant's service as a warrant officer commencing in July 1989.

2.  On 15 June 1978, the applicant enlisted in the U.S. Army Reserve under the delayed entry program.  He enlisted in the Regular Army on 17 August 1978 with a 4-year active duty obligation.  His enlistment document shows he enlisted for training in MOS 44B1O.  He extended this enlistment for 16 months with a revised expiration of his term of service (ETS) date of 17 December 1983.

3.  There is no indication that a DD Form 214 was issued for this period of service. 

4.  On 22 October 1983, he reenlisted for 4 years.  The enlistment document shows 5 years, 2 months, and 7 days of prior active service with 2 months and 2 day of inactive service and reenlistment in MOS 44B2O.  He extended this enlistment for 9 months with a revised ETS of 23 October 1988.

5.  There is no indication that a DD Form 214 was issued for this period of service. 

6.  The applicant reenlisted on 28 July 1988.  His enlistment document shows he had 9 years, 11 months, and 11 days of prior active service with 2 months and 2 day of inactive service at this time.  The enlistment document shows reenlistment in the MOS of 44E3X (Machinist).

7.  On 17 July 1989 the applicant received orders directing that he be discharged from his enlisted status and ordered to active duty as a warrant officer (WO-1) effective 21 July 1989.  

8.  The 20 July 1989 DD Form 214 covers the period 28 July 1988 through 20 July 1989; a period of 11 months and 23 days.  It shows he had 9 years, 11 months, and 11 days of prior active service and 2 months and 2 days of inactive service.  The MOS listed at item 11 is 44E3X (Machinist) for 1 year and 1 month.  Item 14 (Military Education) reflects all of his military training from 1978 (Metal Worker, 14 weeks, completed in 1979) through his discharge to accept a warrant officer appointment in 1989.

9.  The applicant served continuously on active duty as a warrant officer from 21 July 1989 through his retirement on 31 January 2011.  His DD Form 214 shows net service this period of 21 years, 6 months, and 10 days with 10 years 11 months, and 4 days of prior active service and 2 months and 2 days of prior inactive service.  The entry at item 11 is 915EO (Senior Automotive Maintenance Officer) for 3 years and 7 months and 914AO (Allied Trade Warrant Officer) for 17 years and 11 months.

10.  Prior to 1 October 1979, a DD Form 214 was issued when a Soldier was discharged for immediate reenlistment.  This practice was stopped effective 1 October 1979.  After that date a DD Form 214 was issued only if there was a break in service of one or more days. 

11.  Army Regulation 635-5 (Separation Documents, establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that:

	a.  a DD Form 214 will be issued when an enlisted Soldier is discharged to continue on active duty as a commissioned or warrant officer; 

	b.  for the entries at item 11 (Primary Specialty), the titles of all MOS's or areas of concentration (AOC), served in for at least 1 year during the period covered by the DD Form 214, are to be entered with the number of years and months shown.  For time determination, 16 days or more counts as a month and basic training and advanced individual training do not count; and 

	c.  for entries at item 12 (Record of Service):

* item 12a (Date Entered AD This Period) is the beginning date of a period continuous of active duty;
* item 12b (Separation Date This Period) is the date of separation for the period covered by the DD Form 214
* item 12c (Net Service This Period) is net active service for the period covered
* item 12d (Total Prior Active Service) is the total of all prior active duty served not included in the current period 

	d.  for the entries at item 14 (Military Education ) list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling.  Combat skills training courses are not to be listed; 

	e.  for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates) at item 18 (Remarks).  

DISCUSSION AND CONCLUSIONS:

1.  In order to afford the applicant the correction requested, additional action is required to correct the period of enlisted service shown on the 20 July 1989 DD Form 214 by amending the item 12 entries.

2.  Subtracting the applicant's enlistment date from his retirement date gives the same numeric figure as adding the totals of his reported service on his last DD Form 214.  This indicates that the applicant had continuous service from the date of his initial enlistment to the date of his retirement.  The only official break warranting the issuance of a separate DD Form 214 was when he was discharged from his enlisted status to accept a warrant officer appointment.  

3.  The applicant reenlisted three times, each time prior his normal ETS.  As he had continuous active service from 17 August 1978 through 20 July 1989, the 20 July 1989 DD Form 214 should have covered his entire period of enlisted service not just the last year.  With the exception of the entries at item 12, the DD Form 214 does appear to include all pertinent entries for his entire period of enlisted service.

4.  The applicant's 20 July 1989 DD Form 214 covers a period of only 11 months and 23 days.  During this period the applicant held MOS 44E3X.  The duration of service in this MOS is incorrect on the DD Form 214.  

5.  While the available documentation does not show the specific dates the applicant was initially awarded MOS 44B1O/2O or 44E3X, it is reasonable to presume based on his reenlistment documents and the available DD Form 214 that he served in MOS 44B from January 1979 through July 1988 (9 years and 6 months) and in MOS 44E from July 1988 through July 1989 (1 year and 1 month).  

6.  No entry of an MOS, at item 11 of the DD Form 214, for the period between the date of enlistment to the date of the award of an initial MOS is precluded by regulation.  

7.  Based on the above facts and findings, it is appropriate to correct the 20 July 1989 DD Form 214 to show at:

	a.  item 11, 44B2O, Metal Worker, 9 years, 7 months//44E3X, Machinist, 1 year//Nothing Follows

	b.  item 12a, 78  08  17;

	c.  item 12c, 10  11  04; 

	d.  item 12d (Total Prior Active Service), 00  00  00; and 

	e.  item 18 (Remarks), Immediate Reenlistments This Period, 19780817-19831021, 19831022-19890720//.

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 correct the 20 July 1989 DD Form 214 to show at:

	a.  item 11, 44B2O, Metal Worker, 9 years, 7 months//44E3X, Machinist, 1 year//Nothing Follows

	b.  item 12a, 78  08  17;

	c.  item 12c, 10  11  04; 

	d.  item 12d (Total Prior Active Service), 00  00  00; and 

	e.  item 18 (Remarks), Immediate Reenlistments This Period, 19780817-19831021, 19831022-19890720//.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains adding an entry at item 11 to cover his period of service in basic training and advanced individual training. 



      _______ _  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)                                         AR20110021743





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ABCMR Record of Proceedings (cont)                                         AR20110021743



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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