IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010342 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x_____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010342 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 as follows: * deleting the entry "91B1P WHEELED VEHICLE MECHANIC – 5 YRS 5 MOS//NOTHING FOLLOWS" from block 11 * deleting the entry "PARACHUTE PACKING, 12 WEEKS, 2008//NOTHING FOLLOWS" from block 14 * deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from block 18 * deleting the entry "300 BUBBLE CREEK COURT, FAYETTEVILLE, NC   32244-0000" from blocks 19a and 19b * adding the entry "92R1P PARACHUTE RIGGER – 2 YRS, 6 MOS, 7 DYS//91B1P WHEELED VEHICLE MECHANIC – 2 YRS, 10 MOS, 24 DYS//NOTHING FOLLOWS//" to block 11 * adding the entry "PARACHUTE RIGGER COURSE, 12 WEEKS, 2008// BASIC COMBATIVES COURSE, 1 WEEK, 2010//WHEELED VEHICLE MECHANIC COURSE, 12 WEEKS, 2011//NOTHING FOLLOWS" to block 14 * adding the entries "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20080430 UNTIL 20101020//IMMEDIATE REENLISTMENTS THIS PERIOD 20101021 UNTIL 20140411" to block 18 * adding the entry "8690 IVYMILL COURT, JACKSONVILLE, FL  32244" to blocks 19a and 19b 2. The Board further determined 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 amendment of blocks 12a and 12d of his DD Form 214 and addition of the statement "MEMBER HAS NOT COMPLETED SECOND FULL TERM OF SERVICE" to block 18. _______ _ _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. IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010342 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 reflect multiple administrative changes. 2. The applicant states his DD Form 214 contains the following errors and omissions: * block 11 (Primary Specialty) shows only "91B1P WHEELED VEHICLE MECHANIC – 5 YRS [YEARS] 5 MOS [MONTHS]" when it should also show "92R1O PARACHUTE RIGGER – 2 YRS 6 MOS" * block 12a (Date Entered Active Duty this Period) should be changed to reflect 21 October 2010 * block 12d (Total Prior Active Service) should show 2 years, 5 months, and 21 days * block 14 (Military Education) should be changed to read "PARACHUTE RIGGER COURSE" in lieu of "PARACHUTE PACKING" and "WHEELED VEHICLE MECHANIC COURSE, 12 WEEKS, 2011" should be added * block 18 (Remarks) should add the statement "INITIAL ENLISTMENT 20080430-20101020//HONORABLE DISCHARGE 20101020 FOR IMMEDIATE REENLISTMENT 20101021" * block 18 should be changed to read "MEMBER HAS NOT COMPLETED SECOND FULL TERM OF SERVICE" in lieu of "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" * block 19a (Mailing Address after Separation) should be changed to read "8690 IVYMILL COURT, JACKSONVILLE, FL  32244" * block 19b (Nearest Relative) should be changed to read "8690 IVYMILL COURT, JACKSONVILLE, FL  32244" 3. The applicant provides: * DD Form 214 * Parachute Rigger Course 860-92R1O diploma, dated 12 November 2008 * Honorable Discharge Certificate, dated 20 October 2010 * Oath of Reenlistment, dated 21 October 2010 * Basic Combatives Course Certificate of Training, dated 19 November 2010 * Ordnance School diploma, dated 19 May 2011 * Certificate of Achievement, dated 19 May 2011 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 30 April 2008 for a period of 3 years with a subsequent Reserve Component service obligation of 5 years. His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows his home of record as 8690 Ivymill Court, Jacksonville, Duval, FL  32244. 3. He provided a diploma issued by the U.S. Army Quartermaster School, Fort Lee, VA, on 12 November 2008, showing his successful completion of the Parachute Rigger Course 860-92R1O from 18 August 2008 through 12 November 2008. 4. He was honorably discharged on 20 October 2010 for the purpose of immediate reenlistment. 5. On 21 October 2010, he reenlisted for 3 years under the Army training reenlistment option, which allowed him to reclassify from MOS 92R to MOS 91B (Wheeled Vehicle Mechanic). His total active military service at the time of his reenlistment was 2 years, 5 months, and 21 days. 6. He provided a Certificate of Training issued by the 82d Sustainment Brigade, Fort Bragg, NC, on 19 November 2010, showing his successful completion of the 82d Sustainment Brigade Basic Combatives Course (40 hours – Level 1) from 15 November 2010 through 19 November 2010. 7. He provided a diploma issued by the U.S. Army Ordnance School, Fort Jackson, SC, on 19 May 2011, showing his successful completion of the Wheeled Vehicle Mechanic Course 610-91B1O on 19 May 2011. The course dates are not listed on the certificate. 8. A copy of his Enlisted Record Brief shows he served in MOS 92R from 28 July 2008 through 19 February 2011, when he attended advanced individual training for MOS 91B. 9. Headquarters, 2d Infantry Division, Special Court-Martial Order Number 10, dated 30 May 2012, shows he was arraigned by a special court-martial which convened at Camp Casey, Korea, on 5 January 2012. He was found guilty of multiple charges and sentenced to reduction to the rank/grade of private/E-1, confinement for 120 days, and separation from the service with a bad conduct discharge. The sentence was approved and, except for the portion extending to a bad conduct discharge, ordered executed. 10. On 11 April 2014, he was discharged accordingly. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3, as a result of court-martial and issued a bad conduct discharge. His DD Form 214 shows the following entries: * block 11 – "91B1P WHEELED VEHICLE MECHANIC – 5 YRS 5 MOS//NOTHING FOLLOWS" * block 12a – "2008  04  30" * block 12d – "0000  00  00" * block 14 – "AIRBORNE, 3 WEEKS, 2008//PARACHUTE PACKING, 12 WEEKS, 2008//NOTHING FOLLOWS" * block 18 (among other required remarks) – "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" * block 19a – "300 BUBBLE CREEK COURT, FAYETTEVILLE, NC   32244-0000" * block 19b – "O____ Q C____, 300 BUBBLE CREEK COURT, FAYETTEVILLE, NC  32244-0000" * block 21a (Member Signature) – "NOT AVAILABLE TO SIGN" REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It explains separation document preparation, distribution, correction, and transition processing. a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for all Regular Army Soldiers on termination of active duty because of administrative separation (including separation because of retirement or expiration term of service), physical disability separation, or punitive discharge resulting from a court-martial. A DD Form 214 will not be prepared for Soldiers discharged for immediate reenlistment in the Regular Army. b. The detailed instructions for preparation of the DD Form 214 state: (1) For block 11, enter the titles of all the MOS's or areas of concentration awarded and held for at least 1 year during the current period of service and include the number of years and months held for each MOS/area of concentration. (2) For block 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. (3) For block 12d, from a previously-issued DD Form 214, DD Form 220 (Active Duty Report), DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), or Retirement Point Annual Statement, enter the total amount of prior active military service less lost time, if any. If not applicable, enter "00  00  00." (4) For block 14, list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. (5) For block 18, use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available; as a continuation for entries in blocks 9, 11, 13, and 14; or for conditional entries. (a) Mandatory entry: "SOLDIER [HAS] [HAS NOT] COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. (b) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment contract and any extensions to those initial enlistment documents and compare the term of enlistment to the net service in block 12c (Net Active Service) of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter "HAS." If block 12c of the DD Form 214 is less than the Soldier's commitment, enter "HAS NOT." (c) Routinely, a Regular Army Soldier should not be considered to have completed the first full term of service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is "HAS." (d) For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" as a conditional entry and specify the inclusive dates for each period of reenlistment. (e) For Soldiers who previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "HONORABLE," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM [first day of service for which DD Form 214 was not issued] UNTIL [date before commencement of current enlistment]"; then enter the specific periods of reenlistment as prescribed above. (6) For block 19a, the data source is as provided by the Soldier. The address must be a permanent address. Civilian penal institutions will not be accepted. Enter the street address, city, state, and zip code. (7) For block 19b, the data source is as provided by the Soldier. Advise the Soldier that the name and address of a relative should be someone who will know the Soldier's location and address at all times. When a relative is not available, list a close friend. Enter the name, street address, city, state, and zip code. DISCUSSION: 1. The applicant's request for multiple administrative corrections to his DD Form 214 was carefully considered. 2. During the period of service covered by his DD Form 214, he was awarded MOS 92R on 12 November 2008 and held that MOS until 18 May 2011, which amounts to 2 years, 6 months, and 7 days. During the same period of service, he was awarded MOS 91B on 19 May 2011 and held that MOS until his discharge on 11 April 2014, which amounts to 2 years, 10 months, and 24 days. Neither MOS is accurately reflected on his DD Form 214. 3. Although he claims the date he entered active duty and his total prior active service are incorrectly annotated on his DD Form 214, records indicate otherwise. He initially enlisted in the Regular Army on 30 April 2008 and reenlisted on 21 October 2010 without a break in service. As he was appropriately not issued a DD Form 214 to cover his initial term of service which ended solely for the purpose of immediate reenlistment, 30 April 2008 was the date he initially entered active duty. He did not have any prior active service unaccounted for by the period of service covered on his DD Form 214. 4. Records indicate he completed the 12-week Wheeled Vehicle Mechanic Course in 2011 and a 1-week Basic Combatives Course in 2010, neither of which is annotated in his military education on his DD Form 214. Additionally, his MOS-qualifying education in MOS 92R is incorrectly documented as "Parachute Packing" when the proper title is "Parachute Rigger Course." 5. The remarks section of his DD Form 214 incorrectly states he has not completed his first full term of service. He initially enlisted on 30 April 2008 for a 3-year term and reenlisted for another 3-year term on 21 October 2010. He completed a total of 5 years and 8 months of service. He completed his first full term of service. 6. Regulatory guidance states for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "HONORABLE," which is the case with the applicant, enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM [first day of service for which DD Form 214 was not issued] UNTIL [date before commencement of current enlistment]"; then enter the specific periods of reenlistment as prescribed above. These annotations are absent from the remarks section of his DD Form 214. 7. He claims blocks 19a and 19b of his DD Form 214 should reflect the address "8690 Ivymill Court, Jacksonville, FL  32244." It is unclear what source documents were used for completing these blocks as this information is normally provided by the Soldier at the time of DD Form 214 preparation. It appears that his DD Form 214 was prepared in his absence without his input since it shows he was unavailable to sign it. It is reasonable to presume this address is the address of his nearest relative as he claims, as his enlistment documents show that address to be both his current address and home of record address at his time of entry into the Army. There is no harm to the Army or the applicant by making these changes. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010342 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010342 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2