IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110000767 


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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* item 6 (Reserve Obligation Termination Date)
* item 12e (Total Prior Inactive Service)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)

2.  He states, in effect, he enlisted in the U.S. Army Reserve (USAR) on 29 April 2002, but it is not reflected on his DD Form 214.  He attests he was drilling with his unit, the 801st Combat Surgical Hospital, from 30 April 2002 until he reported for Basic Training on 21 August 2002.  He also contends he was erroneously awarded the Global War on Terrorism Service Medal (GWOTSM) while on Active Duty for Training and this medal was entered on his DD Form 214.

3.  He provides:

* his entire USAR enlistment contract
* pages 1 and 4 of his DD Form 214
* four ARPC Forms 249-2-E (Chronological Statement of Retirement Points) depicting his service
* three orders
* an email message referring him to this Board


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.  His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the U.S.) shows he enlisted in the USAR for a period of 8 years on 29 April 2002 and as a result his Reserve Obligation Termination Date was established as 28 April 2010.

3.  He was ordered to initial active duty for training on 21 August 2002 for the purpose of attending basic combat training (BCT) and advanced individual training (AIT).  Upon completion of training he was released from active duty on 2 August 2004. 

4.  His DD Form 214 shows he was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of required active service, with an honorable character of service and he was transferred to his Reserve unit, the 801st Combat Surgical Hospital, for duty.  This form also contains the following information:

* item 6 - "0000 00 00"
* item 12a (Date Entered Active Duty This Period) - "2002 08 21"
* item 12b (Separation Date This Period) - "2004 08 02"
* item 12e - "0000 00 00"
* item 13 - shows award of the GWOTSM

5.  Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility designated for award of the GWOT Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 GWOTSM.  However, Soldiers serving on active duty primarily for training in Initial Entry Training (IET) or BCT, AIT, and/or for Annual Training (AT), and/or any training not in direct support of GWOT operations are not authorized award of the GWOTSM.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with a complete and accurate documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  This regulation also provides:

	a.  item 8 will show the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  DOD policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 Jun 84 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or the USAR;

	b.  item 12 will show the total amount of prior inactive service, less lost time, if any; and

	c.  item 13 will show awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that items 6, 12e, and 13 of his DD Form 214 should be corrected were carefully considered and determined have merit.

2.  Evidence clearly shows he enlisted in the USAR for a period of 8 years on 29 April 2002 and as a result his Reserve Obligation Termination Date was established as 28 April 2010.  Item 6 of his DD Form 214 erroneously indicates he had no Reserve Obligation Termination Date; therefore, he is entitled to correction of this document.

3.  Evidence also shows that following a period of 3 months and 23 days of inactive duty service, he initially entered ADT on 21 August 2002.  Upon completion of initial entry training he was issued a DD Form 214 which erroneously indicates he had no prior inactive service.  Therefore, he is entitled to correction of item 12e of his DD Form 214 to properly show is prior inactive service.

4.  Army Regulation 600-8-22 specifically provides that Soldiers serving on active duty primarily for training in IET or BCT, AIT, and/or for AT, and/or any training not in direct support of GWOT operations are not authorized award of the GWOTSM.  In spite of this fact, the GWOTSM was erroneously added to his DD Form 214 covering his period of initial entry training.  Therefore, it would be appropriate to remove the GWOTSM for item 13 of his DD Form 214.

BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying his DD Form 214 for the period ending 2 August 2004 in the following manner:

	a.  removing the current entry in item 6 and replacing it with "2010 04 28";

	b.  removing the current entry in item 12e and replacing it with "0000 03 23"; and

	c.  removing the GWOTSM from item 13.



      _______ _  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)                                         AR20110000767





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ABCMR Record of Proceedings (cont)                                         AR20110000767



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