IN THE CASE OF:	  

		BOARD DATE:	        15 OCTOBER 2008

		DOCKET NUMBER:  AR20080010575 


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 that his DD Form 214, dated 23 December 2004, be corrected to reflect his attendance at the Advanced Noncommissioned Officer Course (ANCOC), his award of the Meritorious Service Medal (MSM) and all other awards that were reflected on his DD Form 214, dated 20 June 2001. 

2.  The applicant states, in effect, that his DD Form 214 issued on 23 December 2004 did not properly reflect his attendance at the ANCOC, his award of the MSM and the awards of the Army Achievement Medal (AAM), the Good Conduct Medal (GCMDL) (5th award), the Southwest Asia Service Medal (SWASM) with two bronze service stars, the Humanitarian Service Medal (HSM) (2nd Award), the Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral “3,” the Army Service Ribbon (ASR), the Overseas Service Ribbon (OSR) (2nd Award), the Kuwait Liberation Medal (KLM-SA), the KLM-KU, and the Driver and Mechanic Badge with Driver-W Bar. 

3.  The applicant provides copies of his award of the MSM, his completion of the ANCOC, and of his DD Forms 214. 

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 enlisted in the Regular Army on 20 September 1988 and completed his training as a Motor Transport Operator (88M).  He continued to serve through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 10 April 1998. 

3.  On 20 June 2001, he was honorably discharged at Fort Sam Houston, Texas due to completion of required service.  He had served 12 years, 9 months and 1 day of total active service and his DD Form 214 issued at the time of his discharge reflects that he was awarded the AAM, the GCMDL(5th award), the SWASM with two bronze service stars, the HSM (2nd Award), the NCOPDR with Numeral “3,” the ASR, the OSR (2nd Award), the KLM-SA, the KLM-KU, the Parachutist Badge and the Driver and Mechanic Badge with Driver-W Bar.

4.  His DD Form 214 also reflects in block 14. Military Education, that he completed the Motor Transport Operators Course, 8 weeks, 1989//Primary Leadership Development Course, 4 weeks, 1994//Bus Drivers Course, 2 weeks, 1996//Army Recruiter Course, 6 weeks, 1998//German Headstart, 1 week, 1989//Drivers Academy, 4 weeks, 1992//instructor drivers course, 4 weeks, 1993//and the Basic NCO Course, 11 weeks, 1998.

5.  He enlisted in the United States Army Reserve on 21 June 2001 and on 12 August 2001, he entered active duty in the Active Guard Reserve (AGR) Program.  He was promoted to the pay grade of E-7 on 1 July 2002. 

6.  On 27 February 2003, the applicant completed the 6-week Adjutant General ANCOC at Fort Jackson, South Carolina.

7.  On 9 March 2004, the applicant was given a permanent (P) 3 profile in the pulmonary area based on his Asthma medical condition.

8.  On 16 May 2004, a PEB convened in Washington D.C. to consider the applicant's case.  The PEB found the applicant’s Asthma prevented him from performing the duties of his grade and specialty.  The PEB found the applicant was physically unfit and recommended a combined disability rating of 10 percent (%), and that he accordingly be separated with severance pay.

9.  On 19 May 2004, the applicant concurred with the PEB findings and recommendations, and he waived a formal hearing in his case.

10.  A 24 July 2004 United States Army Physical Disability Agency (USAPDA) Memorandum, Subject:  Continuance of Disabled Soldier in the AGR (USAR) Program, pertaining to the applicant, indicated that the finding of unfit on the applicant was approved.  The case was forwarded to Human Resources Command, St. Louis (HRC-St. Louis) for consideration of the applicant's request to remain in the AGR Program as an exception to policy.  

11.  On 6 August 2004, the Command Surgeon, HRC-St. Louis, denied the applicant's request for COAR.  He based the denial on a diagnosis of Asthma, which precluded the applicant from performing his duties.  

12.  On 23 December 2004, the applicant was honorably discharged under the provisions of Army Regulation 635-40, by reason of disability with severance pay, and received $77,270.40 in severance pay.  At the time, he held the rank of sergeant first class (SFC), and he had completed a total of 16 years, 1 month, and 13 days of active military service.  He was also awarded the MSM on 23 December 2004 in Permanent Orders Number 029-20.

13.  His DD Form 214 issued at the time of his discharge reflects that he was awarded the Army Commendation Medal (6th award), the National Defense Service Medal (2nd award), the Global War on Terrorism Service Medal, the Parachutist Badge, and the Basic Recruiter Badge with two gold achievement stars.

14.  In block 14 of his DD Form 214, under military education is the entry Human Resource Specialist, 8 weeks, 2001.

15.  Army Regulation 635-5 serves as the authority for the preparation for the  DD Form 214.  It provides, in pertinent part, that all authorized decorations and awards will be entered in block 13 and all military education (less combat arms related courses) will be entered in block 14.    
    
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that all of his awards and military education were not entered on his DD Form 214 dated 23 December 2004 has been noted and appears to have merit. 

2.  Not only was the applicant’s award of the MSM not entered on his DD Form 214, his awards of the AAM, the GCMDL (5th award), the SWASM with two bronze service stars, the HSM (2nd Award), the NCOPDR with Numeral “3,” the ASR, the OSR (2nd Award), the KLM-SA, the KLM-KU and the Driver and Mechanic Badge with Driver-W Bar were also omitted.  Accordingly, it would be in the interest of justice to do so at this time.

3.  Additionally, not only was the applicant’s attendance at the AG ANCOC for 6 weeks in 2003 not entered on his DD Form 214, under military education, his completion of the Motor Transport Operators Course, 8 weeks, 1989//Primary Leadership Development Course, 4 weeks, 1994//Bus Drivers Course, 2 weeks, 1996//Army Recruiter Course, 6 weeks, 1998//German Headstart, 1 week, 1989//Drivers Academy, 4 weeks, 1992//instructor drivers course, 4 weeks, 1993//and the Basic NCO Course, 11 weeks, 1998, should be added to his DD Form 214 as well.  

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing that the applicant was awarded the MSM, the AAM, the GCMDL (5th award), the SWASM with two bronze service stars, the HSM (2nd Award), the NCOPDR with Numeral “3,” the ASR, the OSR (2nd Award), the KLM-SA, the KLM-KU and the Driver and Mechanic Badge with Driver-W Bar; and

	b.  by showing that he completed the AG ANCOC for 6 weeks in 2003//the Motor Transport Operators Course, 8 weeks, 1989//Primary Leadership Development Course, 4 weeks, 1994//Bus Drivers Course, 2 weeks, 1996//Army Recruiter Course, 6 weeks, 1998//German Headstart, 1 week, 1989//Drivers Academy, 4 weeks, 1992//instructor drivers course, 4 weeks, 1993//and the Basic NCO Course, 11 weeks, 1998.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


	 


      _________XXX__________
               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)                                         AR20080010575



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ABCMR Record of Proceedings (cont)                                         AR20080010575



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