BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019683 


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 correction of dates and awards on his DD Forms 214 (Certificate of Release or Discharge) issued during the period June 1982 to November 2006.

2.  The applicant states awards are missing and dates are not correct.  He further states he served continuously in the "RA" from 1982 to 2006.

3.  The applicant provides copies of two 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’s record shows the following:

     a.  He enlisted in the Army National Guard (ARNG) on 12 June 1985.

     b.  He entered active duty to attend Basic Combat Training and Advanced Individual Training on 23 September 1985, was awarded military occupational specialty 12B (Combat Engineer), and was discharged on 18 January 1986.

     c.  He received a general discharge from the ARNG on 21 November 1988.

     d.  He reenlisted in the ARNG on 30 October 1996 and received a general discharge on 12 August 1998.

     e.  He reenlisted in the ARNG on 28 February 2002.

     e.  He entered active duty in support of Operation Noble Eagle on 3 May 2003 and received an honorable discharge on 20 November 2003.

     f.  He enlisted in the Army Reserve on 13 February 2008 and received a general discharge effective 25 September 2009.

3.  The applicant's record includes two DD Forms 214, issued on 18 January 1986 and 20 November 2003.

4.  The record is void of documentation indicating there are errors in the dates on the DD Form 214 issued on 18 January 1986.

5.  A DD Form 214 issued on 20 November 2003 states in block 18 (Remarks) the applicant was separated from service on temporary records and his affidavit and that a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.  The DD Form 214 is missing information in items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service).  The applicant's record does not include a DD Form 215.

6.  The DD Form 214 is a synopsis of the Soldier’s 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 service, retirement or discharge.  

7.  Army Regulation 635-5 (Separation Documents) states if required information is missing when the DD Form 214 is being prepared, the transition center will enter “See Block 18” in the incomplete block, and, in block 18, enter “DD Form 215 will be issued to provide missing information.”  The transition center will then do the following:

* exhaust all data sources (to include contacting the Soldier’s unit) to obtain the missing information without delaying the separation
* advise the Soldier that a DD Form 215 will be issued when the missing information becomes available and that no action is required by the Soldier
* continue efforts to obtain the missing information after a Soldier’s separation, and
* if after 30 days the missing information is not obtained, notify the custodian of the Soldier’s records (and include a copy of the DD Form 214), so they may continue efforts to obtain the data.

8.  The DD Form 214 issued to the applicant on 18 January 1986 shows the applicant was awarded the following:

* Sharpshooter Qualification Badge M-16 Rifle
* Marksman Qualification Badge Hand Grenade
* Army Service Ribbon

9.  The DD Form 214 issued on 20 November 2003 shows he was awarded the following:

* Army Service Ribbon
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device

10.  The record is void of documentation showing the applicant was awarded any additional badges or decorations.  

11.  Review of the applicant's records indicates entitlement to a decoration that is not shown on his most recent DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states 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 nonconsecutive days are authorized the Global War on Terrorism Service Medal (GWOTSM).

13.  Army Regulation 600-8-22 also states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of dates and the addition of awards on his DD Forms 214 is partially supported by the evidence in this case.

2.  The evidence of record does not show errors in the DD Form 214 issued on 18 January 1986.  The applicant is not entitled to correction of this document.

3.  The DD Form 214 issued on 20 November 2003 states a DD Form 215 would be issued to provide the information missing from blocks 12d and 12e.  The applicant's record does not include a DD Form 215.  He is entitled to be issued a DD Form 215 providing the missing information.  

4.  The record shows the applicant served honorably on active duty during the period 3 May 2003 through 20 November 2003.  He is entitled to correction of his record to show award of the GWOTSM.

5.  Although the record shows the applicant was awarded marksmanship qualification badges during his initial entry training, his most recent DD Form 214 does not show marksmanship qualification badges.  Unfortunately, there is no documentary evidence showing his most recent weapons qualification.  It is reasonable to assume the applicant qualified, or attempted to qualify, in a prescribed record course subsequent to his initial entry training.  In the absence of documentation showing his most recent qualification, it would be inappropriate to amend his most recent DD Form 214 to show marksmanship qualification badges awarded more than 20 years ago.

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 issuing a DD Form 215 to add the following to the DD Form 214 issued on 
29 November 2003:

* in item 12d, 3 months and 26 days
* in item 12e, 10 years, 11 months, and 17 days
* in item 13, Global War on Terrorism 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 correction of the DD Form 214 issued on 18 January 1986 and showing he served continuously in the "RA" from 1982 to 2006.



      _______ _   _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)                                         AR20090019683





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ABCMR Record of Proceedings (cont)                                         AR20090019683



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