IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090013693
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, that item 12d (Total Prior Active Service), item 12e (Total Prior Inactive Service), item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and item 14 (Military Education) of his Regular Army DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 June 2009 be corrected to show entries from his U.S. Air Force DD Form 214 for the period ending 12 February 2009.
2. The applicant states that his current DD Form 214 from the Army does not reflect information from his Air Force DD Form 214. He indicates that item 12d should be corrected to show he had 1 year, 4 months, and 11 days of prior active service; that item 12e should be corrected to show he had 8 months and 16 days of prior inactive service; that item 13 should show the Global War on Terrorism Service Medal (GWOTSM), the Air Force Training Ribbon, and a second award of the National Defense Service Medal; and that item 14 should show he completed basic military training and the Knowledge Operations Management Apprentice Course.
3. The applicant provides copies of his Regular Army and Air Force DD Forms 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Air Force on 2 October 2007, served as a knowledge operations management apprentice, and was separated on 12 February 2009.
2. Item 12c (Net Active Service This Period) of the applicant's Air Force DD Form 214 shows he completed 1 year, 4 months, and 11 days. Item 12e of this DD Form 214 shows he completed 8 months and 16 days of prior inactive service. Item 13 of this DD Form 214 shows the National Defense Service Medal, the GWOTSM, and the Air Force Training Ribbon as authorized awards. Item 14 of this DD Form 214 shows he completed the Knowledge Operations Management Apprentice Course in October 2007 and basic military training in December 2007.
3. The applicant enlisted in the Regular Army on 17 February 2009 for a period of 3 years. He was relieved from Officer Candidate School because he sustained an injury that made him unable to complete training. On 8 June 2009, he was discharged for a defective enlistment agreement. His character of service was uncharacterized.
4. Items 12d and 12e of the applicant's Regular Army DD Form 214 show the entries "see block #18." Item 13 of this DD Form 214 shows the National Defense Service Medal as an authorized award. Item 14 of this DD Form 214 shows the entry "none//nothing follows." Item 18 of this DD Form 214 shows the entry "DD Form 215 will be issued to provide missing information//member has not completed first full term of service//nothing follows."
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Paragraph 2-10e of the regulation states, in pertinent part, that a second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods. It is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 12c of the applicant's Air Force DD Form 214 for the period ending 12 February 2009 which shows he completed 1 year, 4 months, and 11 days of active duty is accepted as sufficient evidence on which to amend item 12d of his Regular Army DD Form 214 for the period ending 8 June 2009.
2. The entry in item 12e of the applicant's Air Force DD Form 214 for the period ending 12 February 2009 which shows he completed 8 months and 16 days of prior inactive duty is accepted as sufficient evidence on which to amend item 12e of his Regular Army DD Form 214 for the period ending 8 June 2009.
3. The entries in item 13 of the applicant's Air Force DD Form 214 for the period ending 12 February 2009 which shows the GWOTSM and the Air Force Training Ribbon are accepted as sufficient evidence on which to amend item 13 of his Regular Army DD Form 214 for the period ending 8 June 2009.
4. The applicant's Regular Army DD Form 214 for the period ending 8 June 2009 shows the National Defense Service Medal. Since the governing regulation states that a second award of the National Defense Service is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility, there is no basis for granting the applicant's request for a second award of the National Defense Service Medal.
5. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Since the applicant completed the Knowledge Operations Management Apprentice Course in October 2007 and basic military training in December 2007 prior to his active duty service in the Regular Army, there is no basis for amending item 14 of his Regular Army DD Form 214 for the period ending 8 June 2009.
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:
a. deleting the entries from items 12d and 12e of his Regular Army DD Form 214 for the period ending 8 June 2009;
b. adding the entry "0001 04 11" to item 12d of this DD Form 214;
c. adding the entry "0000 08 16" to item 12e of this DD Form 214; and
d. adding the GWOTSM and the Air Force Training Ribbon to item 13 of this DD Form 214.
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 a second award of the National Defense Service Medal or amending item 14 of his Regular Army DD Form 214 for the period ending 8 June 2009 to show he completed Air Force basic military training and the Knowledge Operations Management Apprentice Course.
___________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) AR20090013693
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