BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120017497 


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) with the following additions:

* Item 11 (Primary Specialty) military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* Item 12h (Initial Entry Training (IET)) to show his completed training
* Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Army Service Ribbon 
* Item 17 (Member was provided Complete Dental Examination and all Appropriate Dental Services and Treatment within 90 Days Prior to Separation) to show either "yes" or "no"

2.  The applicant states:

* His DD Form 214 is missing information contained on both his Enlisted Record Brief (ERB) and Army/American Council on Education Registry Transcript (AARTS)

*	his primary and duty MOS are missing
*	his IET time is missing which should be evident through the awarding of his MOS
*	the Army Service Ribbon is missing
*	Item 17 is in error because he had over 180 days of continuous active duty service as evident in Item 12c (Net Active Service This Period)

* He was awarded primary and duty MOS 11B following completion of One-Station Unit Training (OSUT), including Advanced Individual Training (AIT)

3.  The applicant provides:

* Email, dated 17 August 2012
* AARTS, dated 18 August 2012
* DD Form 214
* ERB

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 30 October 2009.  On 15 November 2009, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 16 November 2009.

2.  A DA Form 4856 (Developmental Counseling Form), dated 19 January 2010, shows the applicant was counseled for failure to adjust, continually being involved with disturbances in the platoon, and recommended for evaluation by the Community Mental Health Services (CMHS).

3.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 11 March 2010, shows:

* the applicant, in a trainee status, was diagnosed with  Axis I:  Adjustment Disorder with Disturbance of Conduct
* the applicant had multiple issues with fighting, seven known occasions
* he screened negative for both post-traumatic stress disorder and traumatic brain injury
* his disorder was so severe that his ability to function effectively in the military environment was significantly impaired
* it was unlikely that he would ever be able to resume being a productive member of the military and he remained a liability to his command for as long as he was in the Army
* the applicant was recommended for separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (other designated physical or mental conditions)
* he was medically and psychologically cleared for any administrative action deemed appropriate by his command
* it was recommended that he have no access to weapons or ammunition of any type while pending separation
4.  A DA Form 4856, dated 12 March 2010, shows the applicant was counseled on separation from the military and his CMHS evaluation.  Further, he was advised that despite the recommendation for separation, he would be given a reasonable period of time to overcome his deficiencies and return to training with his platoon.  However, if it was determined he was unable to perform his duties, he would be recommended for separation based on the recommendation of the mental health professionals.

5.  DA Forms 4856, dated 16 March and 17 March 2010, show:

* the applicant was counseled on the recommendation to proceed with his separation under the provisions of Army Regulation 635-200, 
paragraph 5-17
* it was determined that he was unable to continue training

6.  On 19 March 2010, the applicant's immediate commander notified him of his (the commander's) intent to initiate separation action against him (the applicant) for behavioral problems and Adjustment Disorder with Disturbance of Conduct.  He recommended an uncharacterized discharge.

7.  On 19 March 2010, the applicant acknowledged receipt of the separation notification memorandum and waived his right to consult with legal counsel.  He also acknowledged he was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.  Further, he acknowledged he understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  

8.  On 30 March 2010 and after having been advised by counsel of the basis for the contemplated action to separate him for Other Designated Physical or Mental Condition, the applicant submitted statements in his own behalf.  His statement, if any, are not available.

9.  On 27 April 2010, the applicant's commander referred him for a commander- directed mental health evaluation based on his:

* numerous physical altercations with peers
* inability to perform/make decisions under stress
* failure to maintain the good order and discipline of the unit

10.  A DA Form 3822-R, dated 3 May 2010, shows:

* the applicant was placed in a holding unit after completing basic training
* he was uncooperative and appeared to have resisted previous assessments which suggested he was not well-suited for continued military service
* psychological testing revealed high levels of defensiveness and the tendency to minimize issues or problems
* he was diagnosed with Axis I:  Adjustment Disorder with Disturbance of Conduct and Axis II:  Personality Disorder NOS (Narcissistic traits)  
* he was psychiatrically cleared for any administrative action deemed necessary by his command

11.  On 14 May 2010, the applicant's immediate commander notified him of his (the commander's) intent to initiate separation action against him (the applicant) for Adjustment Disorder with Disturbance of Conduct and Personality Disorder NOS (Narcissistic traits).  He recommended an uncharacterized discharge.

12.  The applicant refused to acknowledge receipt of the separation notification.

13.  On 2 June 2010, the applicant was reassigned from Company A, 2d Battalion, 19th Infantry Regiment to Company E, 30th Adjutant General Battalion, 192d Infantry Brigade for the purpose of separation.

14.  On 2 June 2010, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17 and directed that he receive an uncharacterized discharge (entry-level separation).

15.  On 3 June 2010, the applicant was discharged with a general (under honorable conditions) discharge for a condition, not a disability.  His DD Form 214 shows he completed 6 months and 18 days of creditable active military service.

16.  The applicant's DD Form 214 also shows:

* Item 11, "None"
* Item 12c, "6 months and 18 days"
* Item 12h, "0000 00 00"
* Item 13, "None"
* Item 17, "Yes:  NA" and "No:  NA"

17.  The applicant provides a copy of his DD Form 214 and an email, dated 17 August 2012.  He also provides an unofficial copy of his AARTS transcript, dated 18 August 2012, and a copy of his ERB which shows his primary MOS as 11B.  

18.  On 22 August 2012, a DD Form 215 (Correction to DD Form 214) was issued to the applicant awarding him the National Defense Service Medal.

19.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  

20.  U.S. Army Training and Doctrine Command (TRADOC) Regulation 350-6 (Enlisted Initial Entry Training and Policies and Administration) prescribes policies and procedures for the conduct of enlisted initial entry training.   This regulation states IET is conducted in five phases:

* Phase I (Red) encompasses weeks 1 through 3 
* Phase II (White) encompasses weeks 4 through 6 
* Phase III (Blue) encompasses weeks 7 through 10
* Phase IV (Black) begins the first training day of the first week of AIT or weeks 10 through 13 of OSUT
* Phase V (Gold) begins the fourth week of AIT or weeks 14 through 20 of OSUT
* Phase V+ begins week 21 through the completion of AIT

21.  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 their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Instructions for completing the specific items are listed below:

     a.  Item 11, from the ERB, enter the titles of all MOS's 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 AIT.

 	b.  Item 12h, enter the total amount of service time required to complete basic training, AIT, or OSUT, if that training occurred during the period of service covered in Item 12c of the DD Form 214.  When a Soldier did not complete one of these three training events during the current period of active duty enter "0000 00 00." 

	c.  Item 13, list awards and decoration  for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's record.  Do not use abbreviations.

     d.  item 17 is applicable only to Soldiers who have completed 180 days or more of continuous active duty (check the Standard Form 603 (Health Record-Dental) for validity of exam and all appropriate treatment).  Enter "NA" for Soldiers who had fewer than 180 days of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show MOS 11B, his IET, award of the Army Service Ribbon, and that he was or was not provided complete dental and all appropriate dental service and treatment within 90 days prior to separation was carefully considered.

2.  Although the applicant's unofficial AATRS shows an 11B MOS, he did not serve in the MOS for at least a year; therefore, item 11 on his DD Form 214 is correct.  Additionally, there is no evidence he completed OSUT.  It appears MOS 11B is shown on his ERB because he would have held this MOS had he completed training. 

3.  Army Regulation 635-5 states the entry "0000 00 00" will be entered on the DD Form 214 when a Soldier did not complete one of the following three events:  basic training, AIT, or OSUT.  Item 12h of the applicant's DD Form 214 is properly annotated since he did not complete OSUT.  

4.  Award of the Army Service Ribbon is contingent upon completion of IET.  Since the applicant did not complete his IET, he is not eligible for this award and it should not be listed on his DD Form 214.

5.  Although the applicant's DD Form 214 shows he completed more than 180 days of continuous active duty, his dental records and SF 603 are not available for review and he does not provide copies of them.  Item 17 on his DD Form 214 is in error; however, the necessary documents for verification are not available.  Therefore, this item will remain in error until such time as dental records or his SF 603 are available for verification.

6.  In view of the foregoing, there is insufficient evidence to grant the requested relief in this application.



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)                                         AR20120017497



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ABCMR Record of Proceedings (cont)                                         AR20120017497



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