IN THE CASE OF:	  

		BOARD DATE:  12 January 2012

		DOCKET NUMBER:  AR20110013042 


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:

	a.  his military occupational specialty (MOS);

	b.  his awards, to include the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and marksmanship qualification badges; and

	c.  his military training.

2.  The applicant states he entered military service after 11 September 2001 and should have received the NDSM.  If the Board rules that he earned an MOS, then he should also receive the ASR.  He contends that he completed the course work for military intelligence (MI) analyst and attained the second highest grade point average in his class of more than 30 members.  However, it appears the entry on his DA Form 2-1 (Personnel Qualification Record – Part II) has been altered.

3.  The applicant provides copies of his DD Form 214; an unofficial copy of his Army or American Council of Education Registry Transcript System; the criteria for the NDSM as written in Title 32, volume 3, Code of Federal Regulations; his DA Form 2-1; his Enlisted Record Brief (ERB); and his DD Form 2366 (Montgomery GI Bill Act of 1984 – Statement of Understanding).



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.  On 12 February 2002, the applicant enlisted in the Regular Army in the rank of private first class/pay grade E-3.

3.  The applicant's DA Form 2-1 indicates:

	a.  in item 9 (Awards, Decorations, and Campaigns), no entries;

	b.  in item 17 (Civilian Education and Military Schools), non-completion of the 16.3-week Intelligence Analyst Course at the U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, Arizona, in 2003 [this entry appears to have been changed as a result of his subsequent non-completion of the training]; and

	c.  in item 35 (Record of Assignments), assignment as a student in duty MOS 96B with Company D, 309th MI Battalion, effective 13 May 2002, and assignment in a casual status, undated, en route to Fort Benning, Georgia.

4.  The applicant's ERB, dated 14 January 2003, indicates:

	a.  in item A1 (Primary MOS (PMOS)), 96B;

	b.  in item A2 (PMOS Date), no entry;

	c.  in item G1.5 (Third Previous Assignment), arrived at the Reception Station, Fort Leonard Wood, Missouri, on 12 February 2002;

	d.  in item G1.3 (Last Assignment), arrived at Company A, 2nd Battalion,10th Infantry Regiment, Fort Leonard Wood, on 28 February 2002; and

	e.  in item G1.2 (Current Assignment), arrived at Company D, 309th MI Battalion, on 3 May 2002.

5.  The applicant's DD Form 214 indicates:

	a.  in item 11 (Primary Specialty), "none";

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), "none";

	c.  in item 12 (Record of Service), entered active duty on 12 February 2002, separated from active duty on 13 February 2003, and completed 1 year and 2 days of creditable active duty service; and

	d.  in item 14 (Military Education), "none."

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The ASR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

	c.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.

	a.  This regulation provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
	b.  The titles of all MOS's served for at least 1 year are to be entered in item 11.  For each MOS, enter the number of years and months served; however, the time served in basic and advanced individual training is not counted.

	c.  All medals, ribbons, and badges awarded or authorized are to be entered in item 13.

	d.  This regulation further provides for recording military education in item 14.  Those full-time, formal, in-service courses listed in the Soldier's records that were successfully completed during the period of service covered by the DD Form 214 are to be entered.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling after separation; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he completed basic and advanced individual training, his PMOS, and all of the awards and marksmanship badges he earned.

2.  The available evidence of record indicates the applicant completed the basic combat training course at Fort Leonard Wood.  However, this is a combat-skills course that is not entered on the DD Form 214.

3.  The applicant's DA Form 2-1 and ERB indicate he did not successfully complete his MOS training at Fort Huachuca.  Accordingly, there should not be any entries on his DD Form 214 for this training.

4.  Because it appears he did not complete his MOS training, the current entry in item 11 of his DD Form 214 is correct.

5.  The available evidence of record shows the applicant served a qualifying period for award of the NDSM.  Therefore, this medal should be shown in item 13 of his DD Form 214.  However, because he did not complete his initial training, he is not authorized the ASR.

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 adding the NDSM to item 13 of his DD Form 214.

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 showing any military training, MOS, or the ASR on his DD Form 214.



      ___________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)                                         AR20110013042



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ABCMR Record of Proceedings (cont)                                         AR20110013042



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