BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120009979 


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 final grade/rank as sergeant (SGT)/E-5
* his service in the U.S. Army Reserve (USAR) and the Kansas Army National Guard (KSARNG)
* his military occupational specialties (MOS) of 71L (Administrative Specialist) and 19E (M-1 Tank Crewmember)

2.  The applicant states his rank was that of E-5 and his USAR and ARNG service was not added to his DD Form 214.  Additionally, he held MOS 71L and 19E, which were not added to the DD Form 214.

3.  The applicant did not provide any additional evidence.

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 initially enlisted in the USAR on 27 September 1982.  He entered active duty for training (ADT) on 1 March 1984.  He completed basic combat and advanced individual training and he was awarded MOS 95B (Military Police).

3.  He was honorably released from ADT on 28 June 1984.  The DD Form 214 he was issued at the time shows he completed 3 months and 28 days of net active service this period.  It also shows in item 12e (Total Prior Inactive Service) the entry "01  05  03" indicating he completed 1 year, 5 months, and 3 days of Reserve service.

4.  He enlisted in the Regular Army in the rank/grade of private/E-2 on 12 September 1985.  He subsequently served in Germany in MOS 95B from 3 October 1985 to 2 October 1987.  He was promoted to private first class (PFC)/E-3 on 12 September 1985 and to specialist (SPC)/E-4 on 14 July 1987.

5.  There is no evidence of record and he did not provide any evidence that shows he was promoted to SGT/E-5 or held any MOS other than 95B.

6.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 17 (Civilian Education and Military Schools) - he completed the
16-week 95B course at Fort McClellan, AL; no other MOS training is listed
* Item 18 (Appointments and Reductions) - he was promoted to SPC/E-4 on 14 July 1987; no promotion to E-5 is listed
* Item 35 (Duty MOS) - he served in MOS 95B through his Reserve and active duty service; no other MOS is listed 

7.  On 4 April 1989, prior to his contemplated discharge from active duty he enlisted in the USAR in the rank/grade of SPC/E-4.

8.  On 5 April 1989, Headquarters, U.S. Army Communications-Electronic Command (CECOM), Fort Monmouth, NJ, published Orders 64-1 assigning him to CECOM, Fort Monmouth.

9.  On 11 April 1989, he was honorably discharge at the expiration of his term of service.  He completed 3 years and 7 months of net active service this period.  The DD Form 214 he was issued at the time shows in:

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) – "SPC" and "E-4"
* Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) – 95B, Law Enforcement, 4 years and 9 months
* Item 12d (Total Prior Active Service) – "00  03  28"
* Item 12e (Total Prior Inactive Service) – "02  03  03"
* Item 12h (Effective Date of Pay Grade) – "87  07  14"

10.  There are no USAR and/or ARNG records in his DA Form 201 (Military Personnel Records Jacket).  There is no indication he performed any periods of active duty between the date he was discharged from active duty to the date he was ultimately discharged from the USAR or ARNG, that 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 (emphasis added).  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.  Chapter 2 states:

* Items 4a and 4b show the active duty rank/grade held at the time of separation
* Item 11 shows the primary specialty, title, and number of years/months served in that specialty
* Item 12d shows total prior active service completed
* Item 12e shows total prior inactive service completed
* Item 12h shows the effective date of rank (the rank a Soldier held at the time of separation)

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The available record shows the applicant served on ADT in his USAR status from 1 March 1984 to 28 June 1984.  He completed 3 months and 28 days of active service and he was issued a DD Form 214 that captured this period of active duty service.

3.  He again served on active duty in his Regular Army status, from                   12 September 1986 to 11 April 1989.  He completed 3 years and 7 months of active duty service during this period of enlistment and he was issued a DD Form 214 that captured his active duty service, as well as his prior active duty (ADT) and inactive service in an RC status.

4.  The available evidence shows he was promoted to SPC/E-4 on 14 July 1987 and he held this rank/grade at the time of separation from active duty.  There is 

no evidence of record and he did not provide any evidence in the form of a promotion instrument (order) that shows he was promoted to E-5.  Therefore, his DD Form 214 correctly listed his rank, grade, and effective date of pay grade at the time of separation.

5.  The applicant was trained in, awarded, held, and served in MOS 95B.  There is no evidence and he did not provide any evidence that shows he was awarded, held, or served in any other MOS during his active duty service.  Therefore, his 95B MOS is correctly listed on his DD Form 214.

6.  Prior to his discharge from active duty in April 1989, he enlisted in the USAR.  It is unclear what MOS he held in the USAR.  It is equally unclear if and when he served in the ARNG.  Nonetheless, aside from his active service from March to June 1984 and from September 1985 to April 1989, for which a DD Form 214 was issued for each period, there is no evidence he performed any other period of active duty of at least 90 consecutive days that would have qualified him for the issuance of any additional DD Forms 214.

7.  It is possible the applicant may have been promoted to SGT/E-5 after his discharge from active duty.  It is equally possible he was trained in and/or held MOS 71L and 19E after his discharge from active duty.  However, none of this would have been listed on his DD Form 214 because none of it occurred during his active duty service.

8.  In view of the foregoing, there is an insufficient evidentiary 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 that 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)                                         AR20120009979



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ABCMR Record of Proceedings (cont)                                         AR20120009979



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