DOCKET NUMBER:  AR20090003845 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 3 years and
9 months of active service and that he was awarded the Army Commendation Medal.

2.  The applicant states, in effect, his DD Form 214 shows he completed 3 years and 4 months of active service; however, he actually completed 3 years and
9 months of active service.  He adds that he was released from active duty (REFRAD) 3 months early to attend school.  The applicant also states he was awarded the Army Commendation Medal for meritorious service from 24 August 2001 to 23 May 2005; however, he received the award after he was REFRAD.

3.  The applicant provides copies of a DA Form 4980-14 (The Army Commendation Medal) Certificate, undated; and a DD Form 214 with an effective date of 23 May 2005.

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 personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 1 August 2001 and entered the Delayed Entry Program (DEP).  He was discharged from the DEP on 23 August 2001 and enlisted in the Regular Army (RA) for a period of 4 years on 24 August 2001.  Upon completion of basic combat and advanced individual training (AIT), he was awarded military occupational specialty (MOS) 25F (Mobile Subscriber Equipment (MSE) Network Switching Systems Operator (NSSO)).  The applicant served in Kuwait and Iraq in support of Operation Iraqi Freedom from 15 January 2004 to 12 January 2005.

3.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 24 August 2001; was honorably REFRAD on 23 May 2005, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-16, to attend school; and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 11 (Primary Specialty) shows he held MOS 25F2O (MSE NSSO) as his primary MOS for a period of 3 years and 4 months.  Item 12 (Record of Service), block c (Net Active Service This Period), shows he completed 3 years and 9 months of net active service this period.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon with Numeral 2.  Item 14 (Military Education), in pertinent part, shows he completed the 17-week Network Switching Systems Operator course in 2002 and the 3-week Secure Mobile Anti-Jam Reliable Tactical Terminal course in 2002.

4.  The applicant’s military personnel records contain a copy of a DA Form
4980-14, undated, that shows he received the Army Commendation Medal for meritorious service while serving as a Node Center Operator assigned to Company B, 29th Signal Battalion, from 24 August 2001 through 23 August 2005.  This document also shows that the certificate was issued by the colonel serving as Deputy Brigade Commander, 142nd Signal Brigade (Forward), Fort 


Lewis, Washington, and cites Permanent Order Number 139-10, undated,
Headquarters, 142nd Signal Brigade (Forward), Fort Lewis.

5.  The applicant’s military personnel records show he was ordered to active duty in support of SOUTHCOM Support (ADOS-RC [Active Duty Operational Support, Reserve Component]) on 11 February 2008 for a period of 232 days.

6.  The applicant’s military personnel records contain an Enlisted Record Brief (ERB), dated 20 May 2008.  Section VIII (Awards and Decorations) shows he was awarded the Army Commendation Medal, Army Achievement Medal
(2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Noncommissioned Officer Professional Development Ribbon with Numeral 1.

7.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record) prepared and reviewed on 23 May 2008.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Army Commendation Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows the applicant attended AIT at Fort Gordon, Georgia, and completed the 21-week NSSO (MOS 25F) course in 2002.

8.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 February 2008; was honorably REFRAD on 29 September 2008, under the provisions of Army Regulation 635-200, chapter 4 (Separation for Expiration of Service Obligation), based on completion of required active service; and transferred to the U.S. Army Element Southern Command, Miami, Florida, to complete his remaining Reserve obligation.  At the time he had completed 7 months and 19 days of net active service this period.  Item 13 shows he was awarded the Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  

9.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Human Resources Command (USAHRC), St. Louis, Missouri, 
memorandum, dated 8 October 2008, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 12201 and 12203.  This document shows the applicant was appointed a Reserve commissioned officer of the Army in the grade of second lieutenant, effective
21 October 2008.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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, Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File.

12.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The pertinent instructions are, as follows:

     a.  Item 11 states, from the ERB/ORB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determinations, 16 days or more count as a month.  Do not count basic training and AIT.

     b.  Item 12 states 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 Active Duty This Period) to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; for block b (Separation Date This Period) enter the Soldier's transition date; and for block
c (Net Active Service This Period) enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

     c.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

     d.  Item 14 states that from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 with an effective date of 23 May 2005 should be corrected to show he completed 3 years and 9 months of net active service this period and that he was awarded the Army Commendation Medal.

2.  The evidence of record shows the applicant entered active duty during the period of service under review on 24 August 2001, completed the 21-week MSE NSSO course in 2002, and was honorably REFRAD on 23 May 2005.  A service computation for this period of active duty service confirms that it equates to
3 years and 9 months of net active service this period.  Thus, it is concluded the applicant’s DD Form 214, Item 12, block c, correctly documents the net active service he completed during the period of service under review.

3.  The evidence of record shows the applicant completed the 21-week MSE NSSO course in 2002.  The evidence of record also shows that item 11 of the applicant's DD Form 214 with an effective date of 23 May 2005 documents that he held primary MOS 25F (MSE NSSO) for a period of 3 years and 4 months.  It is noted the instructions for completing item 11 state to enter the MOS and title, along with the years and months served; however, do not count basic training and AIT.  Thus, it appears that the applicant is confusing this entry (i.e., 3 years and 4 months) with the net active service he completed during this period
(i.e., 3 years and 9 months).  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

4.  The applicant provides a copy of an award certificate that shows he received the Army Commendation Medal for meritorious service while serving as a Node Center Operator assigned to Company B, 29th Signal Battalion, from 24 August 2001 through 23 August 2005.

     a.  The DA Form 4980-14 shows that the certificate was issued by the colonel serving as Deputy Brigade Commander, 142nd Signal Brigade (Forward), Fort Lewis, and cites Permanent Order Number 139-10, undated, Headquarters, 142nd Signal Brigade (Forward), Fort Lewis.
     b.  It is noted that the period of service for the award (i.e., the through date of 23 August 2005) is three months later than the date the applicant was REFRAD (i.e., 23 May 2005).  However, the evidence of record shows that the applicant was REFRAD early to attend school.  Thus, it is reasonable to conclude that the award recommendation was prepared and processed based on the applicant's expiration term of service and expected REFRAD on 23 August 2005.  

   c.  It is noted that the applicant’s ERB, dated 20 May 2008 and DA Form 2-1, dated 23 May 2008 shows an award of the Army Commendation Medal.  Thus, despite the fact that the ending period of the award extends beyond the applicant's REFRAD during this period of service, it appears the applicant’s military personnel records document the applicant’s award of the Army Commendation Medal.

   d.  While the award is not technically authorized for entry on the applicant’s DD Form 214 with an effective date of 23 May 2005 because the period for the award is outside the period of service covered by the DD Form 214, in view of all of the foregoing, it would be appropriate to correct the applicant's records in this case.  Therefore, the applicant's DD Form 214 with an effective date of 23 May 2005 should be corrected to show this award.

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 item 24 of his DD Form 214 with an effective date of 23 May 2005 the Army Commendation 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 time in 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)                                         AR20090003845



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