IN THE CASE OF:	  

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130008165 


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 19 August 1991 to show, in effect, the date he was discharged from the U.S. Army Reserve (USAR), the training he completed on active duty, and his final grade.

2.  The applicant states that:

* his final rank/pay grade was specialist four (SP4/E-4)
* his last military occupational specialty (MOS) was 42D (Dental Technician)
* his DD Form 214 only shows award of his first MOS 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
19 August 1991. 

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's record contains:

	a.  a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), which shows he enlisted in the USAR on 12 April 1991 for a period of 8 years.

	b.  a DA Form 3540/4 (Section VI - Statement of Acknowledgement and Understanding of Enlistment, Reenlistment, or Unit Assignment, Obligation), dated 12 April 1991, which shows he enlisted for MOS 91E1O (Dental Specialist).

	c.  a DA Form 2-1 (Personnel Qualification Record - Part II), which shows in:

		(1)  item 8 (MOS), he was awarded:

			(a)  MOS 91E1O, Dental Specialist, on 19 August 1991; and 

			(b)  MOS 42D1O, Dental Technician, on 27 April 1992.

		(2)  item 18 (Appointments and Reductions), his grades and dates of rank as:

(a)  private/E-1 - 12 April 1991;

(b)  private/E-2 - 7 September 1991;

(c)  private first class/E-3 - 22 February 1992; and 

(d)  SP4 - 12 April 1993. 

		(3)  item 35 (Record of Assignments), he was ordered to active duty and assigned to:

			(a)  Company D, 2d Battalion, 13th Infantry Regiment, Fort Jackson, SC, for 14 weeks for initial active duty for training from 30 April to 3 July 1991; 

			(b)  Company C, 187th Medical Battalion, Fort Sam Houston, TX from 4 July to 19 August 1991, for advanced individual training; and

			(c)  Company D, 187th Medical Battalion, Fort Sam Houston, TX from 25 November 1991 to 27 April 1992, as a student.  

3.  The applicant submitted a DD Form 214 which shows he entered active duty for training (ADT) on 30 April 1991 and on 19 August 1991 he was released from ADT.  This DD Form 214 shows in item 11 (Primary Specialty) the entry "91E1O, Dental Specialist//Nothing Follows."

4.  His record contains:

	a.  a DD Form 214 which shows he entered ADT on 22 November 1991 and on 27 April 1992 he was released from ADT.  This DD Form 214 shows in item 11 (Primary Specialty) the entries "42D1O, Dental Laboratory Specialist and 91E1O, Dental Specialist//Nothing Follows."  

	b.  Orders Number 57-10, dated 24 March 1992, which show he was awarded 42D1O as his primary MOS on 27 April 1992.

	c.  a DA Form 4187 (Personnel Action), dated 12 April 1993, which shows he was advanced to SP4/E-4 on the same date.

	d.  Orders Number D-08-9566443, issued by the USAR Command, dated 
11 August 1999, show the applicant was honorably discharged from the USAR on 11 August 1999.

5.  Army Regulation 635-5 (Separation Documents) provides that 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

6.  Army Regulation 635-5 also provides that a DD Form 214 will be provided for Reserve Component Soldiers who complete 90 days or more of continuous AD for training, Full-Time National Guard Duty, AD for special work, temporary tours of active duty or AD Reserve service.

7.  Army Regulation 600-200 (Enlisted Personnel Management System) provides that a Soldier who can perform duties required of any three-character MOS may be awarded that MOS.  However, he or she must be qualified in accordance with the specifications and qualifications required for a particular MOS.  A new MOS will be awarded on qualification in any MOS (including prior military service), successful completion of MOS producing training, successful completion of on-the-job training for not less than 60 days, change in MOS structure, identifying civilian acquired skills by having a direct MOS counterpart, and withdrawal of a primary MOS.

8.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR and he was ordered to AD for the purpose of completing basic and advanced individual training.  There is no evidence nor did he provide any evidence that shows he served on AD for any period other than for the purpose of completing advanced individual training for 90 days or more.

2.  The pertinent Army regulation states that the DD Form 214 is a snapshot of active duty service.  Evidence of record shows that he was on ADT for 91E MOS training and upon completion of such training he was returned to the USAR.  Although the applicant served in MOSs 91E and 42D while he was in the USAR, he did not serve in MOS 42D during the period covered by his DD Form 214 dated 19 August 1991.  Therefore, he is not entitled to correction of his DD Form 214 dated 19 August 1991 to add MOS 42D.

3.  He was on ADT again for 42D MOS training and, upon completion of such training, he was again returned to the USAR.  Therefore, there is no basis for changing his DD Forms 214 to show any further active service beyond his completion of ADT from 30 April to 19 August 1991 and 22 November 1991 to 
27 April 1992.  A copy of his 1992 DA Form 214 will be provided to him.

4.  Evidence of record shows his DD Forms 214, dated 19 August 1991 and 
27 April 1992, correctly show the dates he was released from ADT.  Evidence of record also shows he was discharged from the USAR on 11 April 1999, on his Reserve service obligation termination date.  Since the DD Form 214 is a 
snapshot of active duty service, he is not entitled to have his separation date changed to reflect the date he was discharged from the USAR.  

5.  Although he was advanced to SP4/E-4, it did not occur until 12 April 1993, 
1 year after the period covered by his DD Form 214 dated 27 April 1992 and 
2 years after the period covered in his DD Form 214 dated 19 August 1991.  Therefore, he is not entitled to correction of his DD Forms 214 to show his rank/grade as SP4/E-4 at the time of his released from ADT.

BOARD VOTE:

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.

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x_____  DENY APPLICATION




      _______ _   _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)                                         AR20130008165





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ABCMR Record of Proceedings (cont)                                         AR20130008165



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