BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140005048 


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 military education and that he was promoted to sergeant (SGT)/pay grade E-5.

2.  The applicant states that he completed the Primary Noncommissioned Officer (NCO) Course (PNCOC) (Combat Arms) while on active duty.  He also states that after he was released from active duty (REFRAD) he transferred to the U.S. Army Reserve (USAR) and was promoted to SGT.

3.  The applicant provides a copy of his certificate of graduation.

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 enlisted in the Regular Army on 17 March 1978 for a period of
3 years.  He was awarded military occupational specialty 19J (M60A2 Armor Crewman).

3.  His DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part,
in –

* item 17 (Civilian Education and Military Schools) – 3rd Armored Division, NCO Academy, PNCOC, 4 weeks, completed 1980
* item 18 (Appointments and Reductions) –

* Specialist Four (SP4), 1 August 1979
* Sergeant (SGT), USAR, 1 May  1983

4.  The applicant's DD Form 214 shows he was honorably REFRAD on 
9 March 1981 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 2 years, 11 months, and
23 days of net active service.  It also shows in –

* item 4a (Grade, Rate or Rank):  SP4
* item 4b (Pay Grade):  E4
* item 12 (Record of Service), block h (Effective Date of Pay Grade):
79  08  01 (1 August 1979)
* item 14 (Military Education):  None

5.  Headquarters, 1st Battalion, 334th Regiment, 3rd Brigade (Field Artillery One Station Unit Training), 84th Division (Training), Sheboygan, WI, Orders 2-6, dated 19 April 1983, promoted the applicant from SP4 (E-4) to SGT (E-5) effective 1 May 1983.

6.  Headquarters, Fifth U.S. Army Fort Sam Houston, TX, Orders 51-104, dated 14 March 1984, honorably discharged the applicant from the USAR, in the rank of SGT, effective 16 March 1984.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.



   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  
	
   b.  Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for:

    	(1)  item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation;

    	(2)  item 12, block h, enter the effective date of promotion to pay grade; and

    	(3)  item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he completed PNCOC and that he was promoted to SGT (E-5).

2.  The evidence of record shows the applicant served on active duty form 
17 March 1978 through 9 March 1981.  It also shows he completed the 4-week PNCOC on 16 May 1980.  Therefore, his DD Form 214 should be corrected to show this military education.

3.  The evidence of record shows the applicant was promoted to SP4 (E-4) on 
1 August 1979; he was REFRAD on 9 March 1981; and items 4a, 4b, and 12h of his DD Form 214 show this information as his rank, grade, and the effective date.

   a.  The Army regulation governing preparation of the DD Form 214 states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation and that
it is important the information entered thereon is complete and accurate as of that date (emphasis added).

   b.  Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date.


4.  The evidence of record shows the applicant served in the USAR from
10 March 1981 through 16 March 1984.  It also shows he was promoted to SGT on 1 May 1983.  In addition, the orders that discharged him from the USAR, on 16 March 1984, show he held the rank of SGT (E-5) at the time of his discharge.
Thus, there is no basis for correcting his discharge orders.

5.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his military education, 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 item 14 of his DD Form 214 the current entry and adding the entry, "Primary Noncommissioned Officer Course (Combat Arms), 4 Weeks, May 1980."

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 the rank/grade shown on his DD Form 214.



      _________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)                                         AR20140005048



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ABCMR Record of Proceedings (cont)                                         AR20140005048



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