IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027661 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect all of his decorations and awards and military education or any other information that is reflected on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

2.  The applicant states his DD Form 214 does not reflect his complete military history.  He desires his DD Form 214 to be corrected to reflect the awards and military education that is reflected on his NGB Form 22.

3.  The applicant provides copies of his DD Form 214 and NGB Form 22.

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 was born on 21 March 1964 and he initially enlisted in the Regular Army on 12 January 1984.  He served on active duty as a power generation equipment repairer until he was honorably released from active duty in the pay grade of E-4 on 9 January 1987, due to the expiration of his term of service.

3.  On 10 January 1987, he enlisted in the Missouri Army National Guard (MOARNG) in the pay grade of E-4.

4.  On 7 June 1990, he was ordered to active duty in the MOARNG under the Active Guard Reserve (AGR) Program.  He was promoted to the pay grade of   E-5 on 6 January 1993 and to the pay grade of E-6 on 9 May 1998. 

5.  On 21 July 2000, he was voluntarily released from active duty (REFRAD) due to resignation.  His DD Form 214 issued at the time of his REFRAD shows that his date of birth in block 5 was “00023457.”  Additionally, it reflects some of the applicant’s awards and military education in blocks 13 and 14.

6.  On 9 April 2001, the applicant was discharged from the MOARNG under honorable conditions due to unsatisfactory participation.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 7 June 2005, he was honorably discharged from the USAR.

7.  A comparison of the applicant’s DD Form 214 and his NGB Form 22 shows that his DD Form 214 did not include the following:

* Completion of the Machinist Course, 2 weeks in July 1988
* Completion of the Power Generation Repairer Course, 8 weeks in 1984
* Completion of the Equipment Repair Parts Specialist Course, 2 weeks in June 1987
* Award of the Armed Forces Reserve Medal (AFRM)

8.  The applicant’s NGB Form 22 also reflects State awards of the Missouri Length of Service Ribbon (MO-LSR) and the Missouri Commendation Ribbon (MO-COM RBN).  

9.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that all military awards authorized to the individual concerned that are listed in Army Regulation 600-8-22 will be entered in block 12 of the DD Form 214.  Individual States awards are not authorized for entry on the DD Form 214.  It also provides that all military training 

courses that are at least 1 week (40 hours) in duration (less combat training courses) completed during the period covered by the DD Form 214 will be entered on the DD Form 214 in block 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect all of his military awards and education has been noted and found to have some merit.

2.  The applicant’s DD Form 214 properly does not reflect the Machinist Course, 2 weeks in July 1988; Power Generation Repairer Course, 8 weeks in 1984; and the Equipment Repair Parts Specialist Course, 2 weeks in June 1987 because they were completed prior to the period covered by the DD Form 214.

3.  The applicant’s DD Form 214 does not reflect award of the AFRM.

4.  Additionally, his date of birth (DOB) is incorrectly reflected on his DD Form 214 in block 5 and should be corrected to reflect a DOB of “19640321.”

5.  Although the applicant’s NGB Form 22 reflects State Awards of the MO-LSR and the MO-COM RBN, those awards are not covered by the applicable regulation nor authorized for entry on the DD Form 214.  Accordingly, they were properly omitted from the DD Form 214.

6.  Therefore, it would be appropriate at this time to correct his DD Form 214 by adding the AFRM and correcting his DOB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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: 

* Deleting the entry in block 5 of his DD Form 214 and adding “19640321”
* Entering in block 13 of his DD Form 214 the AFRM

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 military education courses he completed prior to the period covered by the DD Form 214 and his State Awards.

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.



      _______ _   _______   ___
               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)                                         AR20100027661



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027661



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1