PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 October 1999                   
	DOCKET NUMBER:   AR1999017772

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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 her DD Form 214 be corrected to show her reserve obligation terminal date as 27 January 2000 in block 6, to add military occupational specialty (MOS) 74D to block 11, and to add the Computer Machine Operator course to block 14.

3.  The applicant makes no statement.  Supporting evidence is as shown on the DD Form 149.

4.  The applicant’s military records show that she enlisted in the Regular Army on  12 July 1977.  She completed basic training and advanced individual training and was awarded MOS 74D (Computer Machine Operator). She was discharged for pregnancy on 31 March 1980.  Her DD Form 214 shows she held MOS 74D for       2 years and 5 months.  

5.  The applicant enlisted in the U. S. Army Reserve (USAR) on 28 October 1980 with MOS 74D.  Her DA Form 2A dated 13 April 1991 shows she held primary and duty MOS 74D.  She was transferred from the USAR Control Group (Annual Training) to the USAR Control Group (Reinforcement) effective 11 May 1995 in MOS 74D.

6.  On 28 January 1997, the applicant reenlisted in the USAR for 3 years for training in MOS 91C (Practical Nurse).

7.  On 25 April 1997, the applicant was ordered to active duty for MOS training.  She completed the 91B (Medical Specialist) course on 8 July 1997 and was awarded primary MOS 91B.  Her MOS orders state “Withdrawn:  Not Applicable” and Awarded Secondary MOS:  NA.”  She completed the 91C course on 18 September 1998.  MOS orders awarding her primary MOS 91C are not available.  

8.  Army Regulation 135-91 defines Army National Guard and USAR service obligations.  In pertinent part, it states that before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces except females who entered the Armed Forces before 1 February 1978.  A contractual obligation is acquired when an individual voluntarily enters into an agreement to serve in a military status for a specified term of service.

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon discharge from active military service.  It establishes standardized policy for the preparation of DD Form 214.  It states that, from information on the DA Form 2A, all MOSs served for at least one year will be entered in block 11.  Block 14 will list all formal in-service training courses successfully completed during the period of service.

CONCLUSIONS:

1.  There is an error in block 6 of the applicant’s DD Form 214.  She did have a contractual obligation incurred when she reenlisted in the USAR on 28 January 1997 for 3 years.  Her contractual obligation ends 27 January 2000.

2.  Regulatory guidance concerning entries in block 11 of the DD Form 214 is not clear.  The applicant’s DA Form 2A as of April 1991 showed she held MOS 74D. She almost certainly held it until at least July 1997, when she was awarded primary MOS 91B, but the MOS orders awarding her primary MOS 91B neither withdraw MOS 74D nor award it as a secondary MOS.  Any doubt should be resolved in favor of the applicant; therefore, the Board concludes MOS 74D should be listed on her DD Form 214.

3.  It would not be appropriate to list the Computer Machine Operator course in block 14 of her DD Form 214.  Only formal in-service training courses successfully completed during the period of service will be entered.  The Computer Machine Operator course was completed during a prior period of service and it is correctly listed on her first DD Form 214.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214, block 6 to reflect 2000 01 27 and block 11 to add 74D10 00 Computer Machine Operator 16 years – 8 months.

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

BOARD VOTE:  

__rvo___  __rjw___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017772	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	100.07	
3.		
4.		
5.		
6.