BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120003425 


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, in effect, a comprehensive review of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
10 September 2010 due to multiple errors.

2.  The applicant states his DD Form 214 shows in:

	a.  block 11 (Primary Specialty) he held military occupational specialty (MOS) 92A (Automated Logistical) for 19 years and 5 months, but it should only show
5 years; and

	b.  block 23 (Type of Separation) shows "Retirement," but it should show "Medical Retirement."

3.  The applicant provides a copy of his DD Form 214 for the period ending
10 September 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 21 August 1990.

2.  A DD Form 214 shows he was ordered to active duty for training (ADT) on
21 November 1990 and he was released from ADT on 19 March 1991.  He completed 3 months and 29 days of creditable active service during this period.  Block 11 shows the entry "76V1O  Materiel Storage and Handling Specialist (Training Only)."
3.  On 1 October 1991, the applicant enlisted in the Regular Army (RA).

4.  Orders 199-31, issued by Headquarters, 5th Personnel Service Company, Fort Polk, LA, dated 4 October 1991, awarded the applicant primary MOS (PMOS) 76V1O, effective 1 October 1991.

5.  The applicant's DD Form 214 for the period ending 1 August 1995 shows he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
16-8, by reason of reduction in force.  He was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He completed
3 years, 10 months, and 1 day of creditable active service during this period with 3 months and 29 days of prior active service.  The DD Form 214 for this period of service shows in block 11 the entry "92A1O  Automated Logistical Specialist --
3 years - 10 months."

6.  He was honorably discharged from the USAR on 20 August 1998.

7.  He had a break in service from 21 August 1998 through 16 August 1999.

8.  The applicant enlisted in the RA on 17 August 1999.

9.  On 6 November 1999, he was awarded PMOS 91B1O (Medical Specialist). PMOS 92A1O was withdrawn and designated as his secondary MOS (SMOS).

10.  The U.S. Army then consolidated several MOSs in career management field 76 (Quartermaster), including MOS 76V, and established MOS 92A.

11.  On 28 May 2010, a Physical Evaluation Board (PEB) convened to consider the applicant's medical conditions.  The PEB found his impairments were rated at a disability level of 30% or more, but were such that a permanent evaluation was not (then) possible.  The PEB recommended the applicant's placement on the Temporary Disability Retired List (TDRL).  The findings and recommendation of the PEB were approved on 14 June 2010.

12.  Orders 174-0009, issued by the Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, CO, dated 23 June 2010, released the applicant from assignment because of physical disability with an effective date of retirement (emphasis added) of 10 September 2010.  He was placed on the TDRL on 11 September 2010.


13.  A DD Form 214 for this period of service shows the applicant was retired from active duty on 10 September 2010 and he was transferred to the USAR Control Group (Retired Reserve).  He completed 11 years and 24 days of creditable active service during this period.  It also shows in:

	a.  block 11:
   
* "68W2O Health Care Specialist - 10 years 10 months"
* "92A2O (Automated Logistical (Specialist)) - 19 years, 5 months"

	b.  block 23:  "Retirement"; and

	c.  block 28 (Narrative Reason for Separation):  "Disability, Temporary (Enhanced)."

14.  Order 291-11, issued by the U.S. Army Physical Disability Agency, Arlington, VA, dated 18 October 2011, removed the applicant from the TDRL effective 
18 October 2011 and permanently retired him effective 19 October 2011 with a disability rating of 50%.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) states that the DD Form DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and will be prepared for Soldiers upon release from active duty, discharge, retirement, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be (in part) the Enlisted Record Brief (ERB), separation approval authority documentation, separation orders, or any other document authorized for filing in the military personnel record.

	b.  Paragraph 2-1 (Preparing the DD Form 214) states a DD Form 214 will not be prepared for Soldiers removed from the TDRL.

	c.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  block 11, from the ERB, enter the titles of all MOS served for at least
1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.


		(2)  block 23, enter the appropriate term, which is indicated on the separation order; and

		(3)  block 28, enter the narrative reason for separation based on the regulatory or other authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the time he held MOS 92A and the type of separation shown on his DD Form 214 should be corrected.

2.  The evidence of record shows the applicant entered active duty in the RA on 1 October 1991 and he was awarded PMOS 76V1O, effective 1 October 1991.  (The MOS code was subsequently redesignated MOS 92A.)

3.  The evidence of record also shows that:

	a.  upon his REFRAD on 1 August 1995, the applicant's DD Form 214 shows he completed 3 years, 10 months, and 1 day of creditable active service this period and he held MOS 92A for 3 years and 10 months;

	b.  he had a break in service from 21 August 1998 through 16 August 1999; and

	c.  he reentered active duty on 17 August 1999 and was REFRAD on
10 September 2010 to be placed on the TDRL.  His DD Form 214 shows he completed 11 years and 24 days of creditable active service this period.

4.  A calculation of this period of active duty service confirms that it equates to
11 years and 24 days.

	2010  09  10  date of REFRAD to be placed on TDRL
         - 1999  08  17  date entered active duty this period
         =    11  00  23
         +                  1  day inclusive
         =    11  00  24  time MOS held during this period of active duty

5.  The evidence of record shows that for MOS time determinations, 16 days or more count as a month.  Therefore, it would be appropriate to correct block 11 of the applicant's DD Form 214 for the period ending 10 September 2010 to show he held MOS 92A for a period of 11 years and 1 month.


6.  The evidence of record shows the applicant was retired from active duty on
10 September 2010 and placed on the TDRL.  Items 23 and 28 of his
DD Form 214 for this period of service correctly show the type of separation and narrative reason for his separation.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

7.  In view of the foregoing, it would be appropriate to correct his DD Form 214 for the period ending 10 September 2010 as recommended below.

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 deleting from block 11 of his DD Form 214 for the period ending 10 September 2010 the entry "92A2O  AUTOMATED LOGISTICAL - 19 YRS 5 MOS" and replacing it with the entry "92A2O  AUTOMATED LOGISTICAL SPECIALIST – 
11 YRS 1 MO."

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 changing block 23 of his
DD Form 214 for the period ending 10 September 2010 to show any other type of separation than that currently shown.



      __________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)                                         AR20120003425



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ABCMR Record of Proceedings (cont)                                         AR20120003425



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