IN THE CASE OF:	  

		BOARD DATE:	  	  30 October 2008

		DOCKET NUMBER:  AR20080010414 


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, in effect, correction of his separation document to show he entered active duty on 16 September 1998 and that he was awarded the Good Conduct Medal.

2.  The applicant states, in effect, that he enlisted in the U.S. Army Reserve (USAR) on 1 September 1998, served on active duty from 16 September 1998 to 15 September 2002, and completed a total of 4 years active service.  He also states that his separation document shows the correct dates that he was in the Delayed Enlistment Program (DEP) from 1 September 1998 to 15 September 1998 and his total active service; however, the date that is shown as his date entered active duty this period is incorrect because it should read “1998” not “1999.”  He further states he did not notice this error at the time; however, this error is now preventing him from being properly credited for his military service with respect to Federal pay and benefits.  The applicant requests expeditious processing of his application for correction of his military records.

3.  The applicant provides a self-authored statement, dated 12 June 2008;
DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 1 September 1998; DA Form 3286-59 (Statement for Enlistment - U.S. Army Enlistment Program - U.S. Army Delayed Enlistment Program), dated 1 September 1998; DA Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)), dated 1 September 1998; Headquarters, Military Entrance Processing Station, Minneapolis, Minnesota, Orders 172-1, dated 16 September 1998; Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 328-566, dated 24 November 1998; DFAS Form 702 (Defense Finance and Accounting Service - Military Leave and Earnings Statement), period covered 1 - 30 June 2002; Enlisted Record Brief (ERB), dated 17 July 2002; Headquarters, Detachment Bravo, 38th Personnel Service Battalion (Germany), Permanent Orders 285-57, dated 12 October 2001; DA Form 4950 (The Good Conduct Medal Certificate), undated; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 15 September 2002.

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 military service records contain a DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 1 September 1998 and allied documents that includes Annex A - DA Form
3286-59 (Statement for Enlistment - U.S. Army Enlistment Program - U.S. Army Delayed Enlistment Program), dated 1 September 1998; Annex B - DA Form 3286-67 (Statement of Understanding - Army Policy), dated 1 September 1998 with USAREC Form 1127 (Supplement to DA Form 3286-67 - Statement for Enlistment (or Appointment) - Army Policy), dated 1 September 1998; Annex C -DA Form 3286-63 (Statement for Enlistment - U.S. Army Training Enlistment Program), dated 1 September 1998; Annex D - DA Form 3286-66 (Statement of Understanding - U.S. Army Incentive Enlistment Program), dated 1 September 1998; Annex E - DA Form 2366 (Montgomery GI Bill Act of 1984), dated 
1 September 1998; DD Form 1966-Series (Record of Military Processing - Armed Forces of the United States), dated 24 August 1998; and Headquarters, Military Entrance Processing Station, Minneapolis, Minnesota, Orders 172-1, dated
16 September 1998.  This documentation comprises the applicant’s enlistment contract and agreements and, in pertinent part, shows the applicant enlisted in the USAR for a period of 8 years on 1 September 1998, served in the DEP from 1 September 1998 through 15 September 1998, was discharged from the USAR DEP on 15 September 1998, and entered active duty in the Regular Army (RA) for a period of 4 years on 16 September 1998.
3.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 35 (Record of Assignments), in pertinent part, shows the applicant enlisted on 1 September 1998, served in the USAR (DEP) from
1 September 1998 to 15 September 1998, and entered active duty in the RA on 16 September 1998.  Item 5 (Oversea Service) shows the applicant served overseas in U.S. Army Europe in the Federal Republic of Germany from
17 August 2000 through 16 August 2002.  Item 9 (Awards, Decorations, and Campaigns) shows he was awarded the Army Achievement Medal, Good Conduct Medal, Noncommissioned Officer (NCO) Professional Development Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  The applicant’s military service records contain a copy of Headquarters, Detachment Bravo, 38th Personnel Service Battalion (Germany), Permanent Orders 285-57, dated 12 October 2001, that show he was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal service from 17 September 1998 to 16 September 2001.

5.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army, Europe, Schweinfurt Transition Center, Germany, Orders 134-003, dated 14 May 2002, that show the applicant was released form active duty on
15 September 2002 and assigned to the USAR Control Group (Reinforcement), Army Reserve Personnel Command, St. Louis, Missouri, with a terminal date of Reserve obligation of 31 August 2006.

6.  The applicant’s military service records contain a DD Form 214, with an effective date of 15 September 2002.  Item 12 (Record of Service), block a (Date Entered AD [Active Duty] This Period) contains the entry “1999” [Year(s)],
“09” [Month(s)], and 16 [Day(s)] (i.e., 16 September 1999).  Item 12, block b (Separation Date This Period) shows he was separated on 15 September 2002 and Item 12, block c (Net Active Service This Period) shows he was credited with completing 4 years, 0 months, and 0 days of net active service this period.  Item 6 (Reserve Obligation Termination Date) shows the entry “Year 2006, Month 08, Day 31” (i.e., 31 August 2006) and Item 18 (Remarks), in pertinent part, references Block (i.e., Item) 6 and contains the entry “Period of DEP--19980901 to 19980915” (i.e., 1 September 1998 to 15 September 1998).  Item 18 also shows he served in Kosovo from 28 April 2002 to 24 June 2002.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, Kosovo Campaign Medal with 1 bronze service star, and Army Lapel Button.

7.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri, Orders D-09-620667, dated 5 September 2006, that show the applicant was honorably discharged from the USAR Control Group (Reinforcement), effective 5 September 2006.

8.  In support of his application, the applicant provides the following documents:

     a.  A self-authored statement, dated 12 June 2008; DD Form 4-Series, dated 1 September 1998; DA Form 3286-59, dated 1 September 1998; DA Form 2366, dated 1 September 1998; Headquarters, Military Entrance Processing Station, Minneapolis, Minnesota, Orders 172-1, dated 16 September 1998; and DD Form 214, with an effective date of 15 September 2002.  The self-authored statement was summarized in the applicant’s request and the remaining documents were previously introduced and considered in this Record of Proceedings.

     b.  Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 328-566, dated 24 November 1998, that show the applicant was awarded military occupational specialty (MOS) 12B1O (Combat Engineer) as his primary MOS, effective 18 December 1998.

     c.  DFAS Form 702 for the period 1 June 2002 to 30 June 2002, in pertinent part, that shows the applicant’s Pay Date was 16 September 1998.

     d. Enlisted Record Brief (ERB), dated 17 July 2002, that shows the applicant’s Pay Entry Basic Date (PEBD), Basic Active Service Date (BASD), and Basic Enlisted Service Date (BESD) were all recorded as 16 September 1998.

     e.  Headquarters, Detachment Bravo, 38th Personnel Service Battalion (Germany), Permanent Orders 285-57, dated 12 October 2001 and DA Form 4950 (The Good Conduct Medal Certificate), undated, that show the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal service from 17 September 1998 to 16 September 2001.

9.  A review of the applicant's military service records reveal that he may be authorized additional awards that are not shown on his DD Form 214.

10.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, message, dated 17 March 2004, disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of GWOT operations outside of the designated area of eligibility (emphasis added) determined for award of the Global War on Terrorism Expeditionary Medal, on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 non-consecutive days, are authorized this award.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

12.  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).

13.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It instructs for block a (Date Entered AD This Period) to enter the beginning date of the continuous period of AD for issuance of this
DD Form 214, for which a DD Form 214 was not previously issued; for block b (Separation Date This Period) to enter the Soldier's transition date; and for block c (Net Active Service This Period) to enter the amount of service this period, computed by subtracting Item 12, block a, from Item 12, block b.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his separation document should be corrected to show he entered active duty on 16 September 1998 and that he was awarded the Good Conduct Medal.

2.  The evidence of record shows that the applicant enlisted in the USAR DEP on
1 September 1998, entered active duty in the RA for a period of 4 years on
16 September 1998, and was honorably released from active duty on
15 September 2002.  The evidence of record also shows that this period of active duty service equates to 4 years, 0 months, and 0 days net active service and that this service is recorded in Item 12, block c (Net Active Service This Period) of the applicant’s DD Form 214.  However, Item 12, block a (Date Entered AD This Period), of the applicant’s DD Form 214 indicates he entered active duty on
16 September 1999 (emphasis added).  Thus, the preponderance of the evidence shows that Item 12, block a, of the applicant’s DD Form 214 contains an administrative error with respect to the year the applicant entered active duty.  Therefore, it would be appropriate to correct Item 12, block a, of the applicant’s DD Form 214 to show he entered active duty this period on 16 September 1998.

3.  Permanent Orders awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal service from
17 September 1998 to 16 September 2001.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  Records show the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

5.  Records show that the applicant qualified with and was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Records also show he qualified with and was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show these 2 badges with the respective component bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214, effective on 15 September 2002 to show the following:

     a.  Item 12, block a (Date Entered AD This Period)
				Delete:  "1999  09  16"
				Add:	   "1998  09  16"

     b.  Add to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, Global War on Terrorism Service Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. 




      _______ _   _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)                                         AR20080010414



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ABCMR Record of Proceedings (cont)                                         AR20080010414



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