RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 September 2006
DOCKET NUMBER: AR20060000948
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. Carl W. S. Chun | |Director |
| |Mr. John J. Wendland, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen L. Raub | |Chairperson |
| |Ms. Linda M. Barker | |Member |
| |Mr. Qawiy A. Sabree | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of her discharge document
to show completion of Basic Combat Training (BCT), award of the Army
Service Ribbon, and any other awards and decorations that she is entitled
to for her service in the U.S. Army.
2. The applicant states, in effect, that there is no indication on her
discharge document that she completed BCT. She also states, in effect,
that she recently enlisted in the U.S. Army Reserve (USAR) for a period of
3 years and was not required to go through BCT, so it is recognized that
she completed BCT while serving in the Regular Army (RA). She also states,
in effect, that her records should be corrected to show the awards and
decorations she is authorized because she wishes to wear the ribbons she
earned.
3. The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 13
November 1992, and a copy of a page (captioned Fort Jackson Company E128)
that shows, in pertinent part, the applicant's name and picture.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 13 November 1992, the date of her discharge. The application
submitted in this case is dated 4 January 2006.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military service records show that she enlisted in the
USAR on 9 October 1991 for a period of 8 years and entered active duty in
the RA on
25 February 1992. She was honorably discharged on 13 November 1992, due to
physical disability, after completing 8 months and 13 days of active
service.
4. The applicant's service records contain a DD Form 214, with an
effective date of 13 November 1992. This document shows in Item 11
(Primary Specialty) the entry "NONE//", Item 14 (Military Education)
contains the entry "NONE// NOTHING FOLLOWS", and Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows
that she was awarded the Marksman Marksmanship Qualification Badge with
Automatic Rifle Bar.
5. The applicant's military personnel records contain a DA Form 2-1
(Personnel Qualification Record). Item 35 (Record of Assignments) of this
document shows, in pertinent part, that on 6 March 1992, the applicant was
assigned to Company E, 1st Battalion, 28th Infantry Regiment, 1st Brigade,
Fort Jackson, South Carolina, for the purpose of attending BCT. This
document also shows that, on
1 May 1992, the applicant was assigned to Company E, 187th Ordnance
Battalion, 4th Training Brigade, Fort Jackson, South Carolina, for the
purpose of attending Advanced Individual Training (AIT). This item further
shows, in pertinent part, that on 6 August 1992 the applicant departed Fort
Jackson and, on 2 September 1992, was assigned to the Medical Hold Company,
Fort Lewis, Washington. Item 17 (Civilian Education and Military Schools)
of the applicant's DA Form 2-1 shows, in pertinent part, that the applicant
attended the 13-week Light Wheeled Vehicle Mechanic course (Military
Occupational Specialty (MOS) 63B) at the U.S. Army Training Center, Fort
Jackson, South Carolina in 1992, but did not complete the course.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214. Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the Official Military Personnel File (OMPF).
7. The instructions for completing Item 11 (Primary Specialty) of the DD
Form 214 state, in pertinent part, to enter the primary MOS and all
additional MOS served for a period of 1 year or more during the Soldier's
continuous active military service. It also states that the MOS must be
validated on the DA Form
2-1 (PQR) or ERB. The instructions for completing Item 14 (Military
Education) of the DD Form 214 state, in pertinent part, to list formal in-
service (full-time) attendance training courses successfully completed
during the period of service covered by title, length in weeks, and month
and year completed. The instructions also state "[t]his information is to
assist the Soldier after separation in job placement and counseling;
therefore, training courses for combat skills will not be listed."
8. Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981. This
regulation states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award upon successful completion
of initial entry training. The award may be awarded retroactively to those
personnel who completed the required training before 1 August 1981 provided
they had an Active Army status on or after 1 August 1981.
9. Army Regulation 600-8-22, as amended, provides that the National
Defense Service Medal is awarded for honorable active service for any
period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974,
2 August 1990 through 30 November 1995, and 11 September 2001 to a date to
be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her discharge document should be corrected
to show that she completed BCT. She also contends that she is entitled to
award of the Army Service Ribbon and perhaps other awards for her service
in the RA from 25 February 1992 to 13 November 1992.
2. The evidence of records shows that the applicant attended BCT from 6
March 1992 through 30 April 1992. There is no entry in her military
service records that shows she completed BCT; however, the evidence of
record shows that on
1 May 1992 the applicant was locally reassigned on Fort Jackson to attend
AIT. Consequently, it is reasonable to presume that the applicant
completed BCT on or about 30 April 1992 based on the fact that completion
of BCT is required before a Soldier is reassigned for the purpose of
attending AIT. However, the evidence of record also shows that completion
of training courses for combat skills (e.g., BCT) are not authorized to be
recorded on the DD Form 214. Therefore, the applicant is not entitled to
correction of her DD Form 214 to show completion of Basic Combat Training.
3. The evidence of records shows that the applicant attended AIT for the
Wheeled Vehicle Mechanic course, but that she did not complete the required
training and was not awarded MOS 63B. Consequently, the applicant did not
successfully complete her initial entry level training. Therefore, she is
not entitled to award of the Army Service Ribbon.
4. The evidence of records shows that the applicant served honorably in
active service during a qualifying period for award of the National Defense
Service Medal. Therefore, she is entitled to have her records corrected to
show this service medal.
5. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 November 1995. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__ALR __ __LMB__ ___QAS _ 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 and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding the applicant
the National Defense Service 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
Basic Combat Training and the Army Service Ribbon.
____ Allen L. Raub______
CHAIRPERSON
INDEX
|CASE ID |AR20060000948 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060912 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |09921113 |
|DISCHARGE AUTHORITY |AR 635-40, Paragraph 4-24e(3) |
|DISCHARGE REASON |Physical Disability with Severance Pay |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |110.0000.0000 |
|2. |107.0069.0000 |
|3. |107.0078.0000 |
|4. | |
|5. | |
|6. | |
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