IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022458 


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 (Certificates of Release or Discharge from Active Duty) for the period ending 11 September 2002 to consolidate the information from his DD Form 214 for the period ending 15 November 2001 into one form.

2.  The applicant states he received a DD Form 214 upon his release from active duty (REFRAD) from the Regular Army (RA) and he received another one when he was ordered to active duty as a member of the Texas Army National Guard (TXARNG) in support of Operation Enduring Freedom.  His DD Form 214 for the period ending 11 September 2002 does not include information from his previous service.  He needs his records properly updated for veterans benefits.

3.  The applicant provides copies of his 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 enlisted in the U.S. Army Reserve (USAR) under the delayed entry program (DEP) on 26 October 1998 for a period of 8 years.  He was discharged from the USAR DEP on 15 November 1998 and he enlisted in the RA on 16 November 1998 for a period of 3 years.

3.  He completed his training as an infantryman.  He served 1 year, 1 month, and 5 days in Korea, and he was honorably REFRAD on 15 November 2001 at the completion of required training.  He was transferred to a TXARNG unit on
16 November 2001.  His DD Form 214 for this period of service shows in:

* item 12c (Net Active Service This Period) he completed 3 years of total active service
* item 12e (Total Prior Inactive Service) he completed no prior inactive service
* item 12f (Foreign Service) he completed 1 year, 1 month, and 5 days of foreign service during this period of service
* item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (AAM) (2d award)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Air Assault Badge

* item 14 (Military Education) the "Air Assault School, 2 Weeks, January 2000"
* item 18 (Remarks) the entry "Period of DEP:  19981026 - 19981115" which equals 20 days of prior inactive service

4.  He served in the TXARNG not on active service from 16 November 2001 through 4 May 2002 for a period of 5 months and 19 days.  On 5 May 2002 he was ordered to active duty at Fort Hood, TX, in support of Operation Enduring Freedom.  On 11 September 2002 he was REFRAD and he was returned to his TXARNG unit in San Antonio, TX.


5.  The DD Form 214 he was issued at the time of his REFRAD on 11 September 2002 indicates in block 18 that a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.

6.  His DD Form 214 for the period ending 11 September 2002 does not show in:

* item 12d (Total Prior Active Service) his 3 years of prior active service
* item 12e his 5 months and 19 days of prior inactive service
* item 12f his 1 year, 1 month, and 5 days of foreign service
* item 13 his awards of the AAM (2d award), OSR, and the Air Assault Badge
* item 14 his completion of the Air Assault School for 3 weeks in January 2000

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that a DD Form 214 will not be reissued unless two DD Forms 215 have been issued and further corrections are required.

9.  Army Regulation 635-5 further states that for:

	a.  item 12d, from previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any.

	b.  item 12e, from previously-issued DD Forms 214 and/or Enlisted Record Brief (ERB), enter the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this item. However, it is creditable service for completing the statutory military service obligation (MSO) and will be entered in item 18.

	c.  item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214.


	d.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	e.  item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 for the period ending
11 September 2002 should be corrected to reflect information from his prior service has been noted and found to have partial merit.  His DD Form 214 clearly reflects that a DD Form 215 would be issued to provide missing information.

2.  Accordingly, his DD Form 214 for the period ending 11 September 2002 should be corrected to show in:

* item 12d the entry “0003 00 00”
* item 12e the entry “0000 05 19”
* item 13 the addition of the AAM (2d award), OSR, and the Air Assault Badge

3.  The applicant served in Korea during a qualifying period for award of the KDSM.  Accordingly, he is entitled to the KDSM and correction of his DD Form 214 for the period ending 11 September 2002 to show this award.

4.  The applicant completed 1 year, 1 month, and 5 days of foreign service during his first period of service, which his correctly annotated on his DD Form 214 for the period 15 November 2001.  There is no provision to carry forward a period of foreign service to a subsequent DD Form 214.  Therefore, there is no basis for granting this portion of his request.

5.  The applicant completed the Air Assault School in January 2000.  By regulation item 14 will include formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  His completion of the Air Assault Course occurred during his first period of service, which is properly annotated on his DD Form 214 for the period ending
15 November 2001.  Therefore, he is not entitled to correction of his DD Form 214 for the period ending 11 September 2002 to show this training course.

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 from item 12d of his DD Form 214 for the period ending
11 September 2002 the entry "SEE BLOCK #18" and replacing it with the entry "0003  00  00";

	b.  deleting from item 12e of his DD Form 214 for the period ending
11 September 2002 the entry "SEE BLOCK #18" the replacing it with the entry "0000  05  19";

	c.  adding to item 13 of his DD Form 214 for the period ending
11 September 2002 the:

* Army Achievement Medal (2d Award)
* Korea Defense Service Medal
* Overseas Service Ribbon
* Air Assault Badge

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:

* issuing him one DD Form 214 to replace his two DD Forms 214
* adding foreign service time to his DD Form 214 for the period ending
11 September 2002
* adding the completion of the Air Assault Course to his DD Form 214 for the period ending 11 September 2002

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100022458



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ABCMR Record of Proceedings (cont)                                         AR20100022458



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