IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013107 


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 correct record of military service and all of his military education.

2.  The applicant states, in effect, that he entered active duty (AD) on 5 October 1971; however, his DD Form 214 shows he entered AD on 25 March 1974.  As a result, the net active service shown on his DD Form 214 is incorrect.  He also states that he completed the Primary Noncommissioned Officer (NCO) Course (PNCOC), Basic NCO Course (BNCOC), and other courses; however, they are not shown on his DD Form 214.

3.  The applicant provides  copies of his 31 March 1992 DD Form 214 and a  Reenlistment Eligibility Data Display (REDD) Report.

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 U.S. Army Reserve (USAR) on 1 September 1971 for a period of 6 years.  He further enlisted in the Regular Army (RA) on 
5 October 1971 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  A DD Form 214 (Report of Separation from Active Duty) shows the applicant was honorably discharged on 24 March 1974 to reenlist in the RA.  He had completed 2 years, 5 months, and 20 days of net AD service this period; 1 month and 4 days of prior inactive service; and 2 years, 6 months, and 24 days of  total service for pay.

4.  The applicant reenlisted in the RA on 25 March 1974 for a period of 5 years and, through a series of additional reenlistments in the RA, he continued to serve on AD.

5.  His DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part,
in item 17 (Civilian Education and Military Schools) –

* Light Weapons Infantry (MOS 11B), 9 weeks, 1972
* PNCOC, 3 weeks, 1975
* Basic NCO Education System (NCOES) (Combat Arms), 4 weeks, 1978
* Basic Leadership Course (BLC), 2 weeks, 1979
* Advanced NCO Course (ANCOC) (Combat Arms), nonresident, 1984

6.  A DD Form 214 shows the applicant retired from AD on 31 March 1992 and transferred to the USAR Control Group (Retired).  It also shows in –

* item 12 (Record of Service) –

* block a (Dated Entered AD This Period):  25 March 1974
* block b (Separation Date This Period):  31 March 1992
* block c (Net Active Service This Period):  18 years, and 7 days
* block d (Total Prior Active Service):  2 years, 5 months, 20 days
* block e (Total Prior Inactive Service):  1 month and  4 days

* Item 14 (Military Education):  "NA" [Not Applicable]


7.  In support of his application the applicant provides a copy of a REDD Report, dated 2 July 2014, that shows he served on AD in the U.S. Army from 
5 October 1971 through 31 March 1992.
 
8.  Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from AD service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  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.  

   a.  AR 635-5, with an effective date of 1 October 1979, ended the requirement to prepare a DD Form 214 for enlisted Soldiers discharged for immediate reenlistment.

   b.  AR 635-5, in effect at the time the applicant retired from AD, shows in Table 2-1 (DD Form 214 Preparation Instructions) the item-by-item instructions for completing the DD Form 214.  The instructions show for:

    	(1)  item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  It also shows for:

    		(a)  block a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued;

    		(b)  block b, enter the separation date this period;

    		(c)  block c, enter the amount of service this period (subtract item 12a from item 12b);

    		(d)  block d, enter the total amount of prior active military service less lost time, if any; and

    		(e)  block e, enter the total amount of prior inactive service, less lost time, if any.

    	(2)	 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 year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 31 March 1992 DD Form 214 should be corrected to show he entered AD on 5 October 1971, his correct net active service during this period, and all of his military education.

2.  Records show the applicant enlisted in the RA on 5 October 1971 and he was honorably discharged on 24 March 1974 to reenlist in the RA.  Accordingly, he was issued a DD Form 214 to document his record of service as of 24 March 1974, including his total prior inactive service in the USAR.

3.  The applicant reenlisted in the RA on 25 March 1974 and he retired from AD on 31 March 1992.  Accordingly, he was issued a DD Form 214 to document his record of service as of 31 March 1992, including his net active service for this period, total prior AD service, and total prior inactive service.

4.  Therefore, based on the evidence of record, there is no basis to correct item 12 (blocks a through e) of the applicant's 31 March 1992 DD Form 214.

5.  Records show the applicant completed the following military education courses during the period of service under review:

* PNCOC
* Basic NCOES (Combat Arms)
* BLC
* ANCOC (Combat Arms) – Nonresident

   a. The evidence of record shows only formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be recorded in item 14 of the DD Form 214.

   b.  Thus, it would be appropriate to correct the applicant's 31 March 1992 
DD Form 214 to show the above courses, except for the ANCOC (Combat Arms) course because it was completed as a nonresident (correspondence) course.

6.  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 the current entry (i.e., "NA") from item 14 of his 31 March 1992
DD Form 214 and adding the following –

* Primary Noncommissioned Officer Course, 3 Weeks, 1975
* Basic Noncommissioned Officer Education System (Combat Arms), 
4 Weeks, 1978
* Basic Leadership Course, 2 Weeks, 1979

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 his record of service 
(i.e., date entered active duty, net active service this period, and total prior active service) and the Advanced Noncommissioned Officer (Combat Arms) Course.



      ___________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)                                         AR20140013107



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ABCMR Record of Proceedings (cont)                                         AR20140013107



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