IN THE CASE OF: 

		BOARD DATE: 11 October 2023

		DOCKET NUMBER: AR20230006743


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show:

*	he received Advanced Individual Training in Administration and Communication
*	he received more commendations than just the Expert Badge Rifle, M-16
*	and an explanation for “member not available to sign” 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states there are omissions on his DD Form 214, and he would like to 
have them corrected. He refutes that he was “not available to sign” his DD Form 214 
since he was at his separating duty station. 

3.  The applicant’s complete military records are not available to the Board for review. 
However, the available records show:

	a.  He enlisted in the U.S. Army Reserve on 25 July 1990. 

	b.  DA Form 2-1 (Personnel Qualification Record – Part II), Item 35 (Record of 
Assignments) shows the following:

*	He completed basic training at Fort Jackson, SC. 
*	On 2 November 1990, he was attached to Foxtrot Company, 369th Adjutant 
General Battalion, 4th Training Brigade, Fort Jackson, SC for advanced 
individual Training (AIT) for military occupational specialty (MOS) 75E 
(Personnel Actions Specialist).
*	On 24 December 1990, he was attached to Bravo Company, 369th Signal 
Battalion, Fort Gordon, GA for AIT, MOS 31K (Combat Signaler).
*	He was absent without leave (AWOL) from 8 February 1991 to 7 March 1991.

   c.  He was discharged on 29 April 1991 an under other than honorable conditions 
characterization of service. He was assigned separation code JKQ and the narrative 
reason for separation listed as “Misconduct-commission of a serious offense,” with 
reentry code 3. He completed 7 months and 3 days of net active service during the 
covered period. It also shows:

*	item 11 (Primary Specialty):  None
*	item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized):  Expert Marksmanship Qualification Badge, M-16 
rifle
*	item 21 (Signature of Member Being Separated):  Member not available to 
sign
*	item 29 (Dates of Time Lost During This Period):  8 February 1991 – 7 March 
1991

4.  By regulation, 

   a.  For item 11 (DD Form 214), enter the titles of all MOSs or areas of concentration 
(AOC) awarded and held for at least 1 year during the current period of service and 
include for each MOS/AOC the number of years and months held. Do not count time in 
training (basic training, AIT, or MOS-producing school). Primary specialty MOS or AOC 
is awarded by Service School completion or by publication of orders awarding the MOS 
or AOC.  

   b.  For entries for decorations, medals, badges, citations, and campaign ribbons 
awarded or authorized will be for all periods of service. Check Soldiers’ service records 
for validity of awards. 

   c.  The signature of member being separated indicates a Soldier has reviewed the 
DD Form 214 and accepts the information as being correct to the best of his or her 
knowledge. When a Soldier is not available (separated in absentia), enter “SOLDIER 
NOT AVAILABLE TO SIGN.”

?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation.  Upon review of the applicant’s petition and available military records the 
Board found insufficient evidence of in-service mitigating factors for the misconduct to 
weigh a clemency determination.  Evidence in the record show the applicant did not 
complete training and was AWOL while in his advance individual training phase. The 
applicant was discharged for misconduct-commission of a serious offense. The Board 
agreed the applicant’s DD Form 214 properly shows his service and awards as 
annotated at the time of his separation. Furthermore, the Board noted, an explanation 
for “member not available to sign” is outside the purview of this Board. Based on the 
evidence provided, the Board denied relief. 

2.  The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	 
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.


REFERENCES:

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 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.

2.  Army Regulation 635-8 (Personnel Separations-Separation Processing and 
Documents), prescribes the policy and procedural guidance relating to transition 
management. This regulation explains separation document preparation, distribution, 
and correction. DD Form 214:

   a.  Block 11 (Primary Specialty), enter the titles of all MOSs or areas of 
concentration (AOC) awarded and held for at least 1 year during the current period of 
service and include for each MOS/AOC the number of years and months held. For time 
determinations, 16 or more days counts as a month. Do not count time in training (basic 
training, AIT, or MOS-producing school). Primary specialty MOS or AOC is awarded by 
Service School completion or by publication of orders awarding the MOS or AOC.  
   
   b.  Block 21 (Signature of Member Being Separated), the signature indicates a 
Soldier has reviewed the DD Form 214 and accepts the information as being correct to 
the best of his or her knowledge. When a Soldier is not available (separated in 
absentia), enter “SOLDIER NOT AVAILABLE TO SIGN.”

3.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect 
at the time, states entries for decorations, medals, badges, citations, and campaign 
ribbons awarded or authorized will be for all periods of service. Check Soldiers’ service 
records for validity of awards.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230006743


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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