IN THE CASE OF: BOARD DATE: 10 January 2013 DOCKET NUMBER: AR20120012530 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 show: * His rank/grade as sergeant (SGT)/E-5 instead of private first class (PFC)/E-3 * The correct effective date of pay grade * A certificate of achievement * Two awards of the Army Achievement Medal * The Noncommissioned Officer (NCO) Development Course * The Nuclear, Biological, and Chemical (NBC) Course * The correct number of days of active service 2. The applicant states his DD Form 214 contains multiple errors regarding his grade, date of rank, awards and decorations, and military education. 3. The applicant provides: * Letter from the National Personnel Records Center * DD Form 214 * Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) * DA Form 2496 (Disposition Form), dated 26 September 1987 * DA Form 2166-7 (NCO Evaluation Report), November 1990 through August 1991 * Two certificates for awards of the Army Achievement Medal * Certificate of Appreciation 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 records show he enlisted in the U.S. Army Reserve (USAR) on 26 November 1985 in the rank/grade of PFC/E-3. He was assigned to the 99th Judge Advocate General’s (JAG) Detachment, Milwaukee, WI. 3. He entered active duty for training (ADT) on 21 May 1986 and completed the required training for award of military occupational specialty (MOS) 71D (Legal Specialist). 4. He was honorably released from ADT on 12 September 1986 to the control of his USAR unit. His DD Form 214 shows he completed 3 months and 22 days of creditable active service. This form also shows in: * items 4a and 4b the entry "PFC" and "E-3," respectively * item 12h (Effective Date of Pay Grade) the entry "86 05 21" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Rifle Bar * item 14 (Military Education) the 10-week Legal Specialist Course 5. Subsequent to his release from active duty, he continued his service in the 99th JAG Detachment of the USAR. He transferred to the USAR Control Group (Reinforcement) on 25 November 1992 and he was ultimately discharged from the USAR on 30 November 1993. While in the USAR: a. Permanent Orders 4-18, issued by Headquarters, 7th JAG Detachment, Fort Sheridan, IL on 27 April 1986, awarded him the Army Achievement Medal for service from 1 July 1985 to 31 March 1986. b. Permanent Orders 29, issued by Headquarters, 7th Military Law Center, Fort Sheridan, IL on 26 February 1988, awarded him the Army Achievement Medal (1st Oak Leaf Cluster) for service from 1 January 1987 to 12 December 1987. c. He completed Phase I of the Reserve Component Primary Leadership Development Course from 3 October 1987 to 6 December 1987. d. He completed the Primary Leadership Development Course from 9 to 23 September 1989. e. Orders 3-1, issued by Headquarters, 7th Military Law Center, Fort Sheridan, IL on 1 March 1988, promoted him to SGT/E-5 on 1 March 1988. f. On 14 December 1990, he was awarded a certificate of appreciation for service from 2 to 15 December 1990. g. His DA Form 2-1 Personnel Qualification Record) shows he completed the 2-week NCO Course in 1990. 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 states: * Items 4a and 4b show the active duty rank/grade held at the time of separation * Item 12h shows the effective date of pay grade * Item 12c (Net Active Service During This Period) shows the total active duty completed between the date entered on active duty and the date separated from active duty * Item 13 shows awards and decorations * Item 14 shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 7. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program. DISCUSSION AND CONCLUSIONS: 1. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. With respect to his grade: a. The available records show the applicant served on ADT from 21 May 1985 to 12 September 1986. He completed 3 months and 22 days of active service and he was issued a DD Form 214 that captured this period of active service. He had enlisted as a PFC/E-3 and held this rank/grade when he entered ADT and at the time of his release from ADT. b. There is no evidence in his records in the form of a promotion instrument (order) that shows he was promoted to E-5 while on active duty. As such, his DD Form 214 correctly listed his rank, grade, and effective date of pay grade at the time of separation. c. He was promoted to SGT/E-5 in the USAR on 1 March 1988. He was not promoted to SGT/E-5 while on active duty, during the period covered by his DD Form 214. He held the rank/grade of PFC/E-3 while on active duty. 3. With respect to the two awards of the Army Achievement Medal and the certificate of appreciation: a. Official orders awarded the applicant the Army Achievement Medal for service from 1 July 1985 to 31 March 1986. This award is authorized for entry on the DD Form 214 since his period of active service terminated after this award had been issued. b. The second award, however, together with the certificate of appreciation were earned and awarded after the period covered by the DD Form 214. Neither document is authorized for entry on his DD Form 214. 4. With respect to the military education, the applicant did not complete the Primary Leadership Development Course or the NBC Course during the period covered by his DD Form 214. He did so after his release from active duty. Neither is authorized for entry on this form. 5. Subsequent to his release from active duty on 12 September 1986, he continued to serve in the USAR. However, aside from his active service from May to September 1986, for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214. 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 adding to his DD Form 214 the Army Achievement Medal. 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: * His rank/grade as SGT/E-5 instead of PFC/E-3 * The correct effective date of pay grade * A certificate of achievement * A second award of the Army Achievement Medal * The NCO Development Course * The NBC Course * The correct number of days of active service _______ _ __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) AR20120012530 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120012530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1