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ARMY | BCMR | CY2010 | 20100012933
Original file (20100012933.txt) Auto-classification: Approved

		

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100012933 


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) to show:

* he attended the school for military occupational specialty (MOS) 31S (Satellite Communications Systems Operator-Maintainer) and to show he received both tactical and strategic training because the course was later split into two courses
* he completed school for additional skill identifier (ASI) 1C (Satellite Network Controller)
* he completed basic combat training (BCT)
* he completed the Reserve Officers' Training Corps (ROTC) National Advanced Leadership Camp
* he held a Top Secret/Sensitive Compartmented Information (TS/SCI) security clearance
* he was awarded the Army Good Conduct Medal (AGCM) and the U.S. Air Force (USAF) Space and Missile Operations Badge

2.  The applicant states the errors were caused by "sloppy work by the Transition Center at Fort Gordon."  He was not able to review his DD Form 214 when he signed it and did not catch the errors until 2009.

3.  Regarding the portion of his request pertaining to ROTC National Advanced Leadership Camp, he states the correction will give him recognition for completing commissioning training.  He wishes to show he did not receive due diligence in another case and to be properly given a commission.
4.  The applicant provides 11 enclosures identified on pages 3 and 4 of his application.

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 Army National Guard (ARNG) on 2 April 1997.  A National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service) shows he completed BCT on or about 8 August 1997.

3.  His record in the interactive Personnel Electronic Records Management System (iPERMS) includes a DA Form 2-1 (Personnel Qualification Record) documenting his ARNG service.  The form shows he entered the ROTC Simultaneous Membership Program on or about 24 August 1998.  On 2 April 2001, he was honorably discharged from the ARNG and as a Reserve of the Army under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26a(2), to enlist in the Regular Army.

4.  The applicant's record in iPERMS is void of documentation showing he completed the ROTC National Advanced Leadership Camp.

5.  An ROTC Cadet Command Form 67-9 (Cadet Evaluation Report) provided by the applicant shows he received an evaluation of his performance at advanced camp during the period 11 July to 14 August 1999.  This form shows he received a rating of "Satisfactory Performance, Commission" indicating he successfully completed the course requirements.

6.  On 3 April 2001, he enlisted in the Regular Army where he served until he was honorably discharged for disability with severance pay on 7 February 2005.  He completed 4 years and 13 days of total active military service.

7.  Military Personnel Message Number 04-280 issued on 6 October 2004 announced the reclassification of MOS 31S to MOS 25S.

8.  Item 11 (Primary Specialty) of his DD Form 214 shows he held MOS 25S (Satellite Communications Systems Operator-Maintainer) with ASI 1C.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  Item 14 (Military Education) shows "None."

9.  A DA Form 2-1 documenting the applicant's Regular Army service shows he completed the 35-week Satellite Communications (SATCOM) Systems Operator-Maintainer Course and earned MOS 31S.  The form also shows he completed the 15-week course for ASI 1C.

10.  The applicant's record in iPERMS includes diplomas presented on 17 December 2001 and 25 April 2002 showing, respectively, he was an honor graduate of the SATCOM Systems Operator-Maintainer Course and a graduate of the Satellite Systems/Network Coordinator Course.

11.  An Enlisted Record Brief (ERB) in the applicant's record shows no entries in section VI (Military Education).

12.  A review of historical records maintained in the Army Training Requirements and Resources System shows there was one training track for MOS 31S in Fiscal Year 2001.  In Fiscal Year 2002, two training tracks (tactical and strategic) were established for this MOS.

13.  The applicant's record in iPERMS is void of documentation showing the level or type of security clearance he held.

14.  The applicant provides a memorandum from the U.S. Army Central Personnel Security Clearance Facility, dated 21 January 2004, showing he was authorized a TS/SCI security clearance.

15.  A U.S. Army Space Command memorandum, dated 26 April 2002, shows the applicant was awarded and authorized to wear the USAF Basic Space and Missile Badge.

16.  Permanent Orders 204-0028, issued by the U.S. Army Signal Center and Fort Gordon, dated 22 July 2004, announced award of the AGCM (1st Award) to the applicant.

17.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty that provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation further states:

	a.  for item 13, list awards and decorations for all periods of service.  Each entry will be verified by the Soldier's records; and

	b.  for item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the ERB.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

18.  Army Regulation 635-5 does not authorize entering a Soldier's security clearance on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 to show he completed the courses for MOS 31S and ASI 1C and to show he was awarded the AGCM and USAF Space and Missile Operations Badge.

2.  The evidence of record does not support his request for correction of his DD Form 214 to show he received both tactical and strategic training in MOS 31S, completed BCT, completed the ROTC National Advanced Leadership Camp, or held a TS/SCI security clearance.

3.  The applicant completed formal in-service training courses for MOS 31S and ASI 1C.  These courses were not entered on his ERB; however, they were entered on a DA Form 2-1, the predecessor of the ERB.  It appears the courses may have been left off his DD Form 214 because they were not entered on his ERB.  He is entitled to correction of his record to show he completed these courses.

4.  Permanent orders announced award of the AGCM to the applicant.  He is entitled to correction of his record to show this award.

5.  An Army official confirmed the applicant was awarded and authorized to wear the USAF Space and Missile Badge.  Therefore, he is entitled to correction of his record to show this award.

6.  The applicant completed the course for MOS 31S prior to the course being split into two tracks.  There is no evidence he attended courses for either of the tracks after the split.  He is not entitled to correction of his record to show he attended courses he did not, in fact, attend.

7.  Because the focus of BCT is to teach basic combat skills, it is not an authorized entry on the DD Form 214.  The applicant should note that this training was entered on his NGB Form 22.

8.  The DD Form 214 lists courses successfully completed during the period of service covered by the form.  The evidence of record indicates the applicant attended the ROTC National Advanced Leadership Camp prior to entering active duty in 2001.  Therefore, he is not entitled to correction of his DD Form 214 to show he completed the ROTC National Advanced Leadership Camp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x_  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  adding the AGCM and USAF Space and Missile Badge to item 13 of his DD Form 214,

	b.  deleting "NONE" from item 14 of his DD Form 214, and

	c.  adding the following to item 14 of his DD Form 214:

* Satellite Communications Systems Operator/Maintainer, 35 weeks, 2002
* Satellite Systems/Network Coordinator, 15 weeks, 2002


2.  The Board further determined 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 completing courses in tactical and strategic training for his MOS, BCT, and the ROTC National Advanced Leadership Camp.



      ___________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)                                         AR20100012933



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ABCMR Record of Proceedings (cont)                                         AR20100012933



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