IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110008654 


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) for the period ending 14 July 1980 to show his active duty service was "06/06/1976 to 06/07/1979."  He further requests correction of the following items he highlighted on the DD Form 214 he provided:

* 11 (Primary Specialty Number, Title, and Years and Months in Specialty)
* 12d (Total Active Service)
* 12e (Total Prior Inactive Service)
* 12f (Foreign Service) 
* 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* 14 (Military Education)
* 15 (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program)
* 18 (Remarks)

2.  He states he was not issued a DD Form 215 (Correction to DD Form 214) to correct this information which impedes his access to Department of Veterans Affairs (VA) benefits, accurate employment applications, and other reasons.

3.  He provides his DD Form 214, a DA Form 3647 (Clinical Record Cover Sheet), and a State of Tennessee VA cover letter to his application.


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's record contains a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) that shows he enlisted in the Regular Army on 10 June 1976 for a period of 3 years, thereby establishing an expiration of term of service (ETS) date of 9 June 1979.  He completed training and was awarded military occupational specialty (MOS) 94B (food service specialist).  The highest rank/grade he held was specialist four (SP4)/E-4.

3.  Enlistment/Travel Order Number 117-19, issued by the Armed Forces Examining and Entrance Station, Baltimore, Linthicum Heights, MD, dated
10 June 1976, shows that having enlisted on the same date, he was ordered to report to Fort Dix, NJ on 10 June 1976 for basic combat training.

4.  His DA Form 2-1 (Personnel Qualification Record) shows:

	a.  he enlisted on 10 June 1976;

	b.  he attended the Food Service Specialist Course at Fort Dix during the period 5 August to 30 September 1976 (a period of 8 weeks);

	c.  he was assigned to a 94B duty position at Fort Bliss, TX, effective
22 October 1976;

	d.  he earned the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	e.  he was absent without leave (AWOL) during the period 11-17 October 1978 (a period of 7 days).


5.  Order 176-364, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, dated 24 June 1980, shows his date of discharge as 14 July 1980.

6.  His DD Form 214 shows he was discharged on 14 July 1980.  His DD Form 214 further shows in:

	a.  item 12a (Date Entered Active Duty This Period) the entry "78  06  12";

	b.  item 12b (Separation Date This Period) the entry "80  07  14";

	c.  item 12c (Net Active Service this Period) the entry "00  11  13";

	d.  items 11, 12d, 12e, 12f, 13, 14, 15 the entry "See item #18";

	e.  item 18 the entry "SM separated on temporary records and Soldier's affidavit.  DD Form 215 will be issued to provide missing information";

	f.  item 18 the entry "Excess leave (preceding 2 years) creditable for all purpose except pay and allowances:  39 days; 800606 - 800714"; and

	g.  item 29 (Dates of Time Lost During This Period) the entry "790416 - 800529."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It states for:

	a.  item 11, enter the MOS codes, titles, years, and months;

	b.  item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

	c.  item 12b, Self–explanatory;

	d.  item 12c, all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service;

	e.  item 12d, all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service;

	f.  item 12e, all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service;


	g.  item 12f, enter the total amount of foreign service completed during the period covered in item 12c;

	h.  item 13, self-explanatory;

	i.  item 14, list in-service training courses by title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed;

	j.  item 15, enter yes or no as provided by individual;

	k.  item 18, the following entries will be included in item 18 if applicable:

		(a)  Excess leave (preceding 2 years).  Enter the total number of days and inclusive dates of time spent in an excess leave status.  For example: Excess leave (creditable for all purposes except pay and allowance) -10 days:  780515 -780624.

		(b)  When a temporary DA Form 2-1 is used for separation, enter "Separated from service on temporary records and Soldier’s affidavit"; and

	l.  item 29, for enlisted personnel enter inclusive dates under 10 U.S.C. 972 (paragraph 2-4, Army Regulation 635–200), as well as time lost after normal ETS.  For example:  Time lost under 10 U.S.C. 972 780615-780616.  Time lost after normal ETS 780617-780618 (not chargeable under 10 U.S.C. 972).  This entry covers the period of service shown in items 12a and b.  If the member has no time lost during this period enter "none."

8.  His DA Form 2-1 shows his entire service was in the continental United States.

9.  The Post-Vietnam Era Veteran's Educational Assistance Program (VEAP) was established and implemented on l January 1977, as a contributory education program designed to replace the Vietnam era (pre-1977) GI Bill.  Any Soldier entering the service between 1 January 1977 and 30 June 1985 was eligible to participate in the program.  The Soldier was required to contribute between $50.00 and $75.00 (later increased to $100.00) for a minimum of 12 months during his/her period of service.  The Army matched $2.00 for each $1.00 contributed by the Soldier.  The maximum educational assistance that could be received by the Soldier was $8,100.00 for a 3-year enlistment and $7,200.00 for a 2-year enlistment.  Service must have been under honorable conditions.  The benefits aspects of the program are operated by the VA after the Soldier is released from active duty.  The Soldier’s participation in the program was evidenced by a “yes” or “no” entry in item15 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered active duty on 10 June 1976 and he was discharged on 14 July 1980, a period of 4 years, 1 month, and 5 days.  However, regulatory policy prescribes that any time lost will be deducted.  Deduction of his time lost (AWOL) is shown in the following calculations:

	1980-07-14		ending date (date of discharge) (item 12b)
   - 1976-06-10		date entered active duty (item 12a)
	0004-01-04
   +                 1		provides for inclusive dates
	0004-01-05		total time covered by this DD Form 214
	1980-05-29		ending date of time lost per item 29
   - 1979-04-16		beginning date of time lost per item 29
	0001-01-13
   +                 1 		provides for inclusive dates
	0001-01-14		total time lost per item 29

	1978-10-17		ending date of time lost per item 21, DA Form 2-1
   - 1978-10-11		beginning date of time lost per item 21, DA Form 2-1
	0000-00-06
   +                 1		provides for inclusive dates
	0000-00-07		time lost per item 21, DA Form 2-1

	 0004-01-05		total time covered by this DD Form 214
   -  0001-01-21		minus total time lost (1 year, 1 month and 14 days plus 7 days)
	 0002-11-14		net active service this period (item 12c)

	1980-07-14		date of discharge (item 12b)
   - 1976-10-22		date assigned to 94B position (DA Form 2-1)
	0003-08-22
   +                 1		provides for inclusive dates
	0003-08-23		time in 94B MOS before deduction for time lost
   - 0001-01-21		minus total time lost
	 0002-07-02		time in 94B MOS (item 11)


2.  Based on the applicant's record and the calculations above it would be appropriate to make the following corrections to his DD Form 214:

	a.  item 11 should show the entry "94B, Food Service Specialist, 2 years and 7 months";

	b.  item 12a should show the entry  "76  06  10";

	c.  item 12c should show the entry "02  11  21" (the difference between item 12a and item 12b, minus 1 year, 1 month, and 21 days of time lost);

	e.  item 12d should show the entry "00  00  00";

	f.  item 12e should show the entry " 00  00  00";

	g.  item 12f should show the entry "00  00  00";

	h.  item 13 should show the entry "Marksman Marksmanship Qualification Badge with Rifle Bar";

	i.  item 14 should show the entry "Food Service Specialist Course, 8 weeks, 1976";

	j.  item 15 should show an "X" in the NO block (he enlisted prior to implementation of the Post-Vietnam Era VEAP and, therefore, ineligible to participate in the program)

	k.  item 29 should show the entry "Time lost under 10 U.S.C. 972 781011-781017 and 790416-790609.  Time lost after normal ETS 790610-800529 (not chargeable under 10 U.S.C. 972)."

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

	a.  deleting from item 11 of his DD Form 214 the entry "See it #18" and replacing it with the entry "94B, Food Service Specialist, 2 years and 7 months";

	b.  deleting from item 12a of his DD Form 214 the entry "78  06  12" and replacing it with the entry "76  06  10";

	c.  deleting from item 12c of his DD Form 214 the entry "00  11  13" and replacing it with the entry "02  11  21";

	d.  deleting from item 12d of his DD Form 214 the entry "See item #18" and replacing it with the entry "00  00  00";

	e.  deleting from item 12e of his DD Form 214 the entry "See item #18" and replacing it with the entry "00  00  00";

	f.  deleting from item 12f of his DD Form 214 the entry "See item #18" and replacing it with the entry "00  00  00";

	g.  deleting from item 13 of his DD Form 214 the entry "See item #18" and replacing it with the entry "Marksman Marksmanship Qualification Badge with Rifle Bar";

	h.  deleting from item 14 of his DD Form 214 the entry (See item #18) and replacing it with the entry "Food Service Specialist Course, 8 weeks, 1976";

	i.  deleting from item 15 of his DD Form 214 the entry "See item #18" and placing an "X" in the "NO" block; and

	j.  deleting from item 29 of his DD Form 214 the entry "790416 - 800529" and replacing it with the entry "Time lost under 10 U.S.C. 972 781011-781017 and 790416-790609.  Time lost after normal ETS 790610-800529 (not chargeable under 10 U.S.C. 972)."


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 changing his DD Form 214 to show he served on active duty during the period "06/06/1976 to 06/07/1979."



      ___________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)                                         AR20110008654



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ABCMR Record of Proceedings (cont)                                         AR20110008654



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