IN THE CASE OF:  	  

		BOARD DATE:  4 September 2014	  

		DOCKET NUMBER:  AR20140000167 


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) as follows: 

* item 4a (Grade, Rate or Rank) and 4b (Pay Grade), to show specialist four (SP4)/E-4 instead of private (PV1)/E-1
* item 11 (Primary Specialty Number, Title and Years and Months in Specialty), to show he served in his military occupational specialty (MOS) for 6 years instead of zero (0) years and months
* item 12a (Date Entered Active Duty (AD) This Period), to show November 1979 instead of 3 December 1979
* item 14 (Military Education), to show over 90 days instead of "Combat Engineer, 12 weeks, March 1980"

2.  The applicant states:

* it has been 34 years since his separation and it could be a computer or a human error that led to these mistakes
* what he knows is that he served his country honorably to the fullest of his capacity as a Soldier for 6 years
* he served/completed 3 years of active service and 3 years of reserve service 

3.  The applicant provides his DD Form 214. 


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.  On 29 September 1979, the applicant enlisted in the New Jersey Army National Guard (NJARNG) for 6 years in the rank/grade of PV1/E-1.  

3.  On 3 December 1979, he entered active duty for training (ADT).  He completed one station unit training, including basic combat training and the       12-week Combat Engineer Course at Fort Leonard Wood, MO, and he was awarded MOS 12B (Combat Engineer).

4.  On 14 March 1980, he was honorably released from ADT to the control of the NJARNG.  He completed 3 months and 12 days of active service.  His DD Form 214 shows in:

* Items 4a and 4b - PV1 and E-1
* Item 11 - 12B1O Combat Engineer, 0 years and 0 months
* Item 12a - 79-12-03
* Item 12b (Separation Date This Period) - 80-03-14
* Item 12c (Net Active Service This Period) - 00-03-12
* Item 12e (Total Prior Inactive Service) - 00-02-04
* Item 14 - Combat Engineer, 12 weeks, March 1980 

5.  Following his release from active duty, he returned to his ARNG unit of assignment, Company C, 104th Engineer Battalion, in Teaneck, NJ. 

6.  Between March and October 1983, he was absent from training on multiple occasions.  He appears to have accrued multiple unexcused absences that led his chain of command to declare him an unsatisfactory participant. 

7.  Orders 241-2, published by the NJARNG on 20 December 1983, ordered his discharge from the NJARNG with a general characterization of service.  The orders listed his rank/grade as PV2/E-2. 

8.  On 19 December 1983, he was discharged from the ARNG.  His National Guard Bureau (NGB) Form 22 (Record of Service and Report of Separation) shows he was discharged from the ARNG with an under honorable conditions (general) discharge.  This form also shows in: 

* Items 5a (Rank) and 5b (Pay Grade) - PFC and E-3
* Item 6 (Date of Rank) - 83-12-19 (19 December 1983)
* Item 10(a) (Record of Service – Net Service This Period) – 04-02-21, indicating he served 4 years, 2 months, and 21 days during this period of enlistment

9.  Army Regulation 635-5 (Separation Documents) at the time established 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 titles of MOS served at least 1 year and includes for each MOS the number of years and months served in the MOS
* Item 12a shows the beginning date of continuous active duty
* Item 12b shows the separation date from active duty
* Item12c shows the net service between the dates in items 12a and 12b less lost time
* Item12e shows prior inactive service
* Item 14 shows formal courses completed during the period covered by the DD Form 214

10.  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.  ARNG and U.S. Army Reserve (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 U.S. Alternate Training Program or USAR Split Training Program.

11.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG enlisted Soldiers in various functional areas.  It also provides guidance for completion of the NGB Form 22.  The NGB Form 22 is a document that records a member's service in the ARNG. 

* Items 5a and 5b show the rank/grade as recorded on the DA Form 2-1 (Enlisted Qualification Record) at the time of separation
* Item 6 shows the date of rank of the rank held at separation

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ARNG on 29 September 1979 and was discharged on 19 December 1983.  He seems to confuse the DD Form 214 and the NGB Form 22.  

	a.  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.

	b.  The NGB Form 22 is a summary of a Soldier's service in the ARNG. 

2.  With respect to his rank/grade, the applicant entered ADT on 3 December 1979 in the rank/grade of PV1/E-1, and he was released from ADT in the same rank/grade.  There is no evidence in his records, and he provides none to show he was promoted to SP4/E-4 while on ADT.  His rank and grade are correctly shown in items 4a and 4b, respectively.

3.  With respect to the primary specialty, title, and years/months in specialty, he completed one station unit training which included the 12-week Combat Engineer Course.  This led to the award of MOS 12B.  However, he did not serve in this MOS.  He was simply awarded this MOS at the conclusion of his training and thus his active duty.  As such, the entry related to zero years and zero months in specialty is correct. 

4.  With respect to his date of entry, total active service, and prior service: 

	a.  He enlisted in the ARNG on 29 September 1979 but did not enter active duty until 3 December 1979.  The service between these two dates was inactive and totaled 2 months and 4 days.  It is correctly entered in item 12e of his DD Form 214. 

	b.  He confuses the date he entered the ARNG with that he entered ADT.  Although he enlisted in the ARNG on 29 September 1979, he did not enter active duty until 3 December 1979, not November 1979 as he contends.  The date of entry is correctly shown in item 12a. 

	c.  He entered ADT on 3 December 1979 and he was released from ADT on 14 March 1980.  The total service between these two dates is 3 months and     12 days, which is correctly shown in item 12c of his DD Form 214. 

5.  With respect to his military education, the only training course he completed during the period covered by the DD Form 214 was the 12-week Combat Engineer Course, which he completed in March 1980.  It is unclear what the applicant means or why he wants item 14 to show over 90 days instead of "Combat Engineer, 12 weeks, March 1980."

6.  Aside from his active service from 3 December 1979 to 14 March 1980, for which a DD Form 214 was issued, 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 performed inactive training and/or annual training after his release from active duty.  It is equally possible he was advanced to E-4 in the ARNG.  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)                                         AR20140000167



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ABCMR Record of Proceedings (cont)                                         AR20140000167



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