IN THE CASE OF:  
	  

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140011433 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 May 1990, to show in:

* Item 4a (Grade, Rate, or Rank) - private first class (PFC)
* Item 4b (Pay Grade) - E-3
* Items 12a-e (Record of Service) - Reserve Officers Training Corps (ROTC) service credit
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - Expert Marksmanship Qualification Badge
* Item 14 (Military Education) - Airborne School and Advance Camp
* Item 24 (Character of Service) - Honorable

2.  The applicant states the DD Form 214 she received when she requested a copy in May 2014 is not complete.  It reflects her military service up to the end of basic combat training (BCT) and advanced individual training (AIT).  It does not reflect her promotion to PFC, the time spent as a cadet at the ROTC at the University of Texas - Pan American, training she received at the Airborne School and ROTC Advanced Camp, and the Expert Marksmanship Qualification Badge. It also does not reflect she was honorably discharged.  She wonders if there is an updated DD Form 214 elsewhere.  If not, she believes the dates can be verified and her DD Form 214 can be amended.




3.  The applicant provides copies of the following:

* 1990 DD Form 214 (3 copies)
* DA Form 4187 (Personnel Action)
* Request for Alternative or Homebound Annual Training memorandum
* Army Reserve Command (ARCOM) Form 1058-R (Application for Active Duty Training and Annual Training for Members of the Army Reserve)
* DA Form 200 (Transmittal Record)
* Election of Options Regarding Pregnancy memorandum
* Separation Under Army Regulation (AR) 135-178 (Separation of Enlisted Personnel) memoranda
* note from her obstetrician 
* ARCOM Form 100 (Request for Discharge (AR 135-178))

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's military records show she enlisted in the U.S. Army Reserve (USAR), in the rank/pay grade of private two (PV2)/E-2, on 6 October 1989.  She entered Initial Active Duty Training (IADT) on 10 January 1990.  She completed BCT and AIT and was awarded military occupational specialty (MOS) 71L (administrative specialist).

3.  She was released from IADT on 12 May 1990 and was transferred to a Reserve troop program unit (TPU).  Her DD Form 214 lists in:

* Items 4a and 4b – PV2/E-2 
* Item 12a (Date Entered AD This Period) - 10 January 1990
* Item 12b (Separation Date This Period) - 12 May 1990
* Item 12c (Net Active Service This Period) - 4 months and 2 days


* Item 12d (Total Prior Active Service) - zero credit
* Item 12e (Total Prior Inactive Service) - 3 months and 4 days
* Item 12h (Effective Date of Pay Grade) - 6 October 1989
* Item 13 - the Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 14 - Administrative Specialist, 8 weeks, May 1990
* Item 23 (Type of Separation) - Relief for IADT
* Item 24 - Uncharacterized
* Item 25 (Separation Authority) - AR 635-200 (Personnel Separations – Enlisted Personnel), chapter 4
* Item 28 (Narrative Reason for Separation) - Expiration Term of Service

4.  She provided a copy of a DA Form 4187, dated 8 June 1990, which shows she was advanced to PFC/E-3 in the USAR with an effective date of 8 June 1990.

5.  Her records contain a DA Form 597 (Army Senior ROTC Nonscholarship Cadet Contract), dated 10 September 1990, she completed for enlistment in the ROTC.

6.  She also provides copies of the following:

   a.  A Request for Alternative or Homebound Annual Training memorandum, dated 11 March 1991, wherein the Logistics Officer, ROTC Instructor Group, University of Texas – Pan America, requested alternative or homebound annual training for the applicant.  He stated that the applicant was tentatively scheduled for airborne training from 30 May through 13 June 1991.  She was scheduled for ROTC Advanced Camp from 15 June through 19 July 1991.

   b.  An ARCOM Form 1058-R, dated 19 March 1991, she completed and executed for the purpose of performing home station annual training.  The request was approved on same date.

   c.  A DA Form 200, dated 19 March 1991, which shows her records were transmitted to the Commander, 363rd Support Group, San Marcos, TX, on the same date.

   d.  An Election of Options Regarding Pregnancy memorandum, dated 30 September 1992, which shows she requested to be separated by reason of pregnancy.



   e.  Separation Under AR 135-178 (Separation of Enlisted Personnel) memoranda, dated 20 October 1992, which shows the applicant's unit commander initiated action to separate the applicant under the provisions of AR 135-178, paragraph 4-9, for pregnancy, and advised the applicant of her rights.  The applicant, after consulting with counsel, acknowledged the proposed separation action.  She waived her rights and elected not submit a statement in he own behalf.  

   f.  A note from her obstetrician, dated 24 October 1992, wherein he stated that the applicant was being followed in his office for her prenatal care with an estimated delivery date of 20 February 1993.

   g.  An ARCOM Form 100, dated 26 October 1992, wherein the applicant's unit commander requested the applicant's discharge under the provisions of AR 135-178, paragraph 4-9b, for pregnancy, with a recommended honorable discharge.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous service.  It also stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from AD.  Further, a DD Form 214 would be prepared for Reserve Component (RC) Soldiers completing IADT that resulted in the award of a MOS, even when the AD period was less than 90 days and included completion of the AIT. The regulation stated:

* Item 4a and 4b - would list the AD rank/pay grade at the time separation
* Item 12a - would list the beginning date of the continuous period of AD for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12b - would list the Soldier's transition date
* Item 12c - would list the amount of service that period, computed by subtracting Item 12a from 12b, less time lost
* item 12d - would list from a previously issued DD Form 214, the total amount of prior active military service, less time lost
* Item 12e - would list the total amount of prior inactive service, less lost time
* Item 12h - would list, from the most recent promotion order (or reduction instrument) the effective date of promotion in the current pay grade
* Item 13 - would list all awards and decorations awarded or authorized
* Item 14 - would list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.
* Item 23 (Type of Separation) - would list the reason for separation
* Item 24 - would list honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, or uncharacterized
* Item 25 - would list the regulatory authority authorizing the separation
* Item 28 - would list the narrative reason for separation based on regulatory or other authority

8.  AR 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Chapter 4 of the regulation stated a member would be separated upon expiration of enlistment or fulfillment of service obligation.  It further provided that the characterization of service of Soldiers separated under this chapter who were in an entry-level status would be uncharacterized, even though they completed their initial ADT successfully.  It further stated for USAR Soldiers entry level status begins upon enlistment in the USAR.  It terminates for Soldiers ordered to initial ADT for one continuous period 180 days after beginning training.

9.  AR 135-178 (Separation of Enlisted Personnel), in effect at the time, provided for the separation of enlisted personnel of the USAR and Army National Guard. 

10.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Authorized component bars include the Rifle Bar.
 
DISCUSSION AND CONCLUSIONS:

1.  With regard to items 4a and 4b of the applicant's DD Form 214 for the period ending 12 May 1990:

   a.  The evidence shows she enlisted in the USAR in the rank/pay grade of PV2/E-2 on 6 October 1989.  She entered IADT in that grade.  She completed training for award of MOS 71L.  She was released from IADT on 12 May 1990 and was transferred to a Reserve TPU.

   b.  At the time of her separation from active duty on 12 May 1990 she was serving in the rank/pay grade of PV2/E-2.  She was promoted to PFC in the USAR effective 8 June 1990, after her release from IADT.  Therefore, the rank/pay grade of PV2/E-2 is properly listed on this DD Form 214.  Therefore, she is not entitled to the requested relief.

2.  With regard to items 12a - 12e of this DD Form 214:

   a.  The evidence shows she served on IADT from 10 January 1990 through 12 May 1990, a period of 4 months and 2 days.  She was issued a DD Form 214 properly crediting her with completing 4 months and 2 days of net active service. She served in the ROTC in the USAR until her discharge in October 1992.  
   
   b.  There is no evidence she served on AD for any other time during her military service that would have authorized issuance of a DD Form 214.  In accordance with regulatory guidance, she was issued a DD Form 214 on 12 May 1990 for serving as an RC Soldier completing IADT that resulted in the award of an MOS.  Items 12a – 12e of this DD Form 214 were completed accordingly.  Therefore, she is not entitled to the requested relief.  

3.  With regard to item 13 of this DD Form 214:  

   a.  Its appears during her BCT she qualified for and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

   b.  She did not specify the component bar for the Expert Badge she is requesting and there is no evidence of record and she did not provide sufficient evidence showing she qualified for any badge other than that which is already listed on her DD Form 214 for her period of IADT.  Therefore, there is insufficient evidence to support adding an additional expert qualification badge to her DD Form 214.

4.  With regard to item 14 of this DD Form 214:

   a.  The evidence shows she completed the Administrative Specialist Course during her period of IADT.  As a member of the USAR ROTC, she was tentatively scheduled for airborne training and the ROTC Advanced Camp in 1991, which was after her release from IADT.

   b.  By regulation, the DD Form 214 would list all training successfully completed during the period of service covered by the DD Form 214.  Item 14 of her DD Form 214 properly lists the course she successfully completed during the period covered by the DD Form 214.  There are no provisions for listing training completed after the period of service covered by the DD Form 214.  Therefore, she is not entitled to the requested relief.

5.  With regard to item 24 of this DD Form 214:

   a.  This portion of her application to the ABCMR is premature.  Paragraph 2-5, Section II, Army Regulation 15-185 (ABMCR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available to him/her.  

   b.  There is no evidence that she has submitted a request for correction of the characterization of service shown on her DD Form 214, ending on 12 May 1990, from "entry-level status" (also known as uncharacterized) to "honorable" to the Commander, U.S. Army Human Resources Command (HRC), ATTN AHRC-PDR-V, 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY 40122-5402, and was denied relief. 
   
   c.  As a result, this portion of her request must be considered by HRC first.  Should her case not be resolved to her satisfaction, and she still feels that an error or injustice exists, she may resubmit an application to this Board, including evidence of the denial of her request for administrative correction of her records.

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)                                         AR20140011433





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ABCMR Record of Proceedings (cont)                                         AR20140011433



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