PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001                   
	DOCKET NUMBER:   AR2000044104

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected.

3.  The applicant states that his DD Form 214, item 11 should read 76Y10      Unit Supply Specialist 4 years and 0 months and 92Y10 Unit Supply Specialist   6 months; item 14 should be corrected to add all his military education; item      26 should be corrected to show his reentry code as 1; and item 27 should be corrected to show his separation code as KBK (voluntary discharge due to completion of required active service).  Supporting evidence is as listed on the DD Form 149. 

4.  The applicant’s military records from his Regular Army service are not available.  The information contained herein was obtained from alternate sources.

5.  After having had prior service in the Regular Army from April 1987 – March 1989, during which he held military occupational specialty (MOS) 76Y10, he reenlisted in the Regular Army on 13 September 1993 apparently in MOS 76Y.  He was released from active duty on 12 September 1996 upon completing his expiration term of service (ETS) after completing 4 years of active service for that period and a total of 6 years and 1 day of active service.  His DD Form 214, item 11 shows he held MOS 76Y10 Unit Supply Specialist for 3 years and 11 months; item 14 shows he had completed no military education; item 26 shows his reentry code as 3C (does not meet the reentry grade and service criteria of Army Regulation 601-210); and item 27 shows his separation code as LBK (involuntary release from active duty due to completion of required active service).

6.  The applicant provides 6 pages of documents to show he completed various correspondence courses/subcourses, a document to show he completed 76Y advanced individual training in 1987, a Certificate of Training to show he completed the Unit Support Maintenance Course for the MK19 MOD3 40MM Grenade Machine Gun (the length of the course is not listed), and a Certificate of Training to show he completed the Automated Maintenance Operator Course (80 hours).  His ETS physical examination shows he was qualified for ETS.

7.  Army Regulation 635-5 prescribes the 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.  It states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  In pertinent parts, it states that formal  in-service (full-time attendance) training courses successfully completed during the period of service and the number of weeks attended will be entered in item 14 and, in completing item 11, 16 days or more will be considered a whole month.

8.  The U. S. Total Army Personnel Command, Reclassification Branch confirmed that MOS 76Y converted to 92Y on 30 June 1993.

9.  Army Regulation 601-280 prescribes criteria for the Total Army Retention Program.  The regulation in effect at the time of the applicant’s separation stated that an E-4 could not exceed 8 years of total active service (the retention control point) by more than 29 days before expiration of contracted service (that is, reenlistment or extension.)  

10.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons with or without prior service into the Regular Army an the U. S. Army Reserve.  The regulation in effect at the time stated that an individual who had separated as an E-4 with more than four years active service could not enlist unless a waiver was granted.

11.  In the processing of this case an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command.  That office opined that the applicant was given the correct reentry code upon his separation.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The applicant’s DD Form 214, item 11 contains an administrative error.  Although it appears he enlisted in MOS 76Y on 13 September 1989 and separated on 12 September 1993 after completing 4 years of active duty, MOS 76Y was converted to MOS 92Y by Headquarters, Department of the Army on  30 June 1993.  Therefore, the applicant held MOS 76Y10 for only 3 years, 9 months, and 18 days (or 3 years and 10 months for DD Form 214 purposes).  He then held MOS 92Y10 for 2 months and 12 days (or 2 months for DD Form 214 purposes).  

2.  The applicant’s DD Form 214, item 14 omits one authorized course.  The applicant attended the Automated Maintenance Course Operator for 2 weeks in 1990.  The Unit Support Maintenance Course for the MK19 MOD3 40MM Grenade Machine Gun is not an authorized entry because the Certificate of Training does not list how long the course was.  His correspondence courses are not authorized entries because they were not formal, full-time attendance training courses.  His 76Y advanced individual training course is not an authorized entry because it was not completed during that period of service.  That course is properly entered on his DD Form 214 for the period ending 31 March 1989.

3.  The applicant’s reentry code of 3C is correct.  The applicant is correct in contending he was qualified for reenlistment upon his ETS.  (His ETS separation physical only determined that he was medically qualified for separation, or reenlistment, not administratively qualified for either.)  However, once he elected to ETS rather than to reenlist, he then had to meet the enlistment eligibility criteria.  The enlistment criteria for an individual who had separated as an E-4
was that he or she must have had completed no more than 4 years of active service; otherwise, a waiver was needed to enlist.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 for the period ending 12 September 1996 be amended by:

     a.  deleting the entry in item 11 and entering “76Y10 Unit Supply Specialist – 3 years 10 mos//92Y10 Unit Supply Specialist 2 mos//Nothing Follows;” and

     b.  deleting the entry in item 14 and entering “Automated Maintenance Course Operator/2 weeks/March 1990//Nothing Follows.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jns___  __mhm___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044104	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.	100.00	
4.		
5.		
6.