BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100008760 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2004 (hereafter referred to as his latest DD Form 214) to show:

* basic infantry skill level one training in item 14 (Military Education)
* dates of deployment for Desert Storm and Enduring Freedom in item 18 (Remarks)
* Army Reserve Components Achievement Medal (ARCAM)
* Oklahoma National Guard (OKNG) Long Service Ribbon
* OKNG Good Conduct Ribbon with four devices
* OKNG Active Duty Service Medal

2.  The applicant states he has copies of the supporting documents for the requested corrections.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), the DD Form 214 in question, a DA Form 1059 (Service School Academic Evaluation Report), and Oklahoma Army National Guard (OKARNG) Form 38 (Awards).

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 available military records are incomplete.  However, available records indicate he served nearly 3 years on active duty prior to his entering active duty in the Regular Army on 25 October 1989.  He served in the military occupational specialty of motor transport operator and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 24 October 1992 and transferred to the U.S. Army Reserve (Reinforcement).  Item 18 of his DD Form 214 for this period shows service in Southwest Asia during the period 20 September 1990 to 21 April 1991.

4.  He enlisted in the Army National Guard on 18 February 1994 for a period of 6 years and later enlisted in the U.S. Army Reserve on 29 August 2002 for a period of 3 years.

5.  A DA Form 1059 provided by the applicant shows he successfully completed the Basic Infantry Skill Level 1 Course during the period 15 May to 29 May 1993 (2 weeks).
 
6.  On 21 January 2003, he again entered active duty and was released from active duty on 31 January 2004 due to temporary disability after completing 1 year and 10 days of active duty service.  Item 18 of his DD Form 214 for the period contains the entries "continuous honorable active service: 20030121-20040131" and "service in Southwest Asia 19900920-19910421."  The Basic Infantry Skill Level 1 Course is not listed on this DD Form 214. 

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his latest DD Form 214 shows award of the Army Commendation Medal, Army Achievement Medal, Army Lapel Button, National Defense Service Medal (2nd Award), Kuwait Liberation Medal (Saudi Arabia), Southwest Asia Service Medal with 3 bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Mechanic Badge with Driver-W Bar.

8.  An OKARNG Form 38 he provided shows he was awarded the following:

* Army Reserve Components Achievement Medal for the period ending 17 February 1997 
* OKNG Long Service Ribbon (5 year)
* OKNG Good Conduct Ribbon (2nd Award)
* OKNG Good Conduct Ribbon (3d Award)
* OKNG Good Conduct Ribbon (4th Award)
* Oklahoma Active Duty Service Medal

9.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

10.  Army Regulation 635-5 (Separation Documents) states that awards and decorations for all periods of service will be listed in priority sequence specified in Army Regulation 600-8-22 (Military Awards). 

11.  Army Regulation 635-5, in effect at the time, stated that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 would be listed by title, length in weeks, and month and year in item 14.  It further stated that this information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills would not be listed.

DISCUSSION AND CONCLUSIONS:

1.  An OKARNG Form 38 signed by his unit commander shows he was awarded the Army Reserve Components Achievement Medal.  As such, it would be appropriate to add this award to his latest DD Form 214.

2.  The Oklahoma state awards (Long Service Ribbon, Good Conduct Ribbons, and Oklahoma Active Duty Service Medal) are not listed in Army Regulation 
600-8-22.  As such, he is not entitled to have his latest DD Form 214 corrected to show these state awards. 

3.  Regulatory policy prescribes that training courses for combat skills will not be entered on the DD Form 214.  In addition, he did not complete this course while he was on active duty.  Therefore, it would not be appropriate to add the Basic Infantry Skill Level 1 Course to his DD Form 214.

4.  His DD Forms 214 show his Southwest Asia (Desert Storm) dates.  As such, it appears his DD Form 214 is correctly constituted in this regard.  Therefore, there is no basis for adding this information to his latest DD Form 214.

5.  The available evidence shows the applicant completed qualifying service for award of the KLM-KU.  Therefore, he is entitled to have his records corrected to show this award.

6.  While his latest DD Form 214 shows he served on active duty during the period 21 January 2003 to 31 January 2004, there is no evidence indicating the reason for this active duty service.  As such, there is an insufficient basis for correcting his DD Form 214 to show he was deployed in support of Operation Enduring Freedom.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 the latest DD Form 214 of the individual concerned be corrected by adding the Army Reserve Components Achievement Medal and the KLM-KU to item 13.

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 adding the following to his DD Form 214:  

* Basic Infantry Skill Level 1 Course
* dates of deployment for Enduring Freedom
* Oklahoma National Guard (OKNG) Long Service Ribbon
* OKNG Good Conduct Ribbon with four devices
* OKNG Active Duty Service Medal




      _______ _   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)                                         AR20100008760



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)