IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013175
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 contributed to the Montgomery GI Bill (MGIB), he was awarded the Army Commendation Medal (ARCOM), he completed the 3-week New Equipment Operator Training Course on the Advanced Field Artillery Tactical Data System in 2003, and he completed the
1-week Combat Lifesavers Course in 2004.
2. The applicant states he contributed to the MGIB and his DD Form 214 indicates he did not. He also states he was awarded the ARCOM and he completed the 3-week New Equipment Operator Training Course on the Advanced Field Artillery Tactical Data System in 2003 and the 1-week Combat Lifesavers Course in 2004; however, they are not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, ARCOM Certificate, and two certificates of training.
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 Regular Army on 25 March 2003 for a period of 5 years, training as a fire support specialist, ranger training, and a cash enlistment bonus.
3. He completed training at Fort Sill, Oklahoma, and Fort Benning, Georgia, and was transferred to Korea for his first duty assignment.
4. On 21 April 2005 while serving in pay grade E-4, he reenlisted for a period of 5 years and a selective reenlistment bonus. He completed his service in Korea and was transferred to Fort Hood, Texas.
5. On 18 August 2005, he was awarded the ARCOM for the period 21 August 2003 to 19 August 2005 by Permanent Order Number 192-06, dated 11 July 2005. Additionally, he completed the Combat Lifesaver Course of 1 week in 2004. The Combat Lifesaver Course is a basic medical care course for non-medical personnel.
6. On 2 February 2007, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, due to a condition, not a disability. He completed 3 years, 6 months, and 25 days of active service. His DD Form 214 issued at the time of his discharge reflects the entry "NO" in block 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program). His DD Form 214 does not contain his award of the ARCOM or any military education courses.
7. Information received from officials at the Defense Finance and Accounting Service indicates the applicant contributed $1,200.00 to the MGIB.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that all authorized awards will be entered on the DD Form 214. It also provides that all non-combat arms courses that are at least 1 week (40 hours) in duration and are completed during the period covered by the DD Form 214 will be entered on the DD Form 214. It further provides that the correct entry for block 15a for any Soldier who enlisted after 1985 is "NO."
9. The Veterans Educational Assistance Program (VEAP) was an education assistance program that was in effect for personnel who enlisted in the service for the first time from 1 January 1977 through 30 June 1985.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the ARCOM and his completion of the 1-week Combat Lifesaver Course in 2004 should be added to his DD Form 214 has been noted and is found to have merit. He was awarded the ARCOM in permanent orders and he completed the Combat Lifesaver Course of 1 week in 2004 and is entitled to have that award and course added to his DD Form 214 at this time.
2. The applicant's contention that his attendance at the 3-week New Equipment Operator Training Course on the Advanced Field Artillery Tactical Data System in 2003 should be added to his DD Form 214 has been noted and is found to lack merit. That course is a combat arms-related courses and thus is not authorized for entry on the DD Form 214.
3. The applicant's contention that his DD Form 214 reflects that he did not contribute to the MGIB has been noted and is also found to lack merit. His DD Form 214 simply indicates he did not enlist or participate in the VEAP that was in effect prior to June 1985. It has no bearing on his participation in the MGIB and thus there is no basis to correct the entry on his DD Form 214.
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 his award of the ARCOM and his completion of the Combat Lifesaver Course of 1 week in 2004 to 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 adding his completion of the 3-week New Equipment Operator Training Course on the Advanced Field Artillery Tactical Data System to his DD Form 214 and changing the entry in block 15a of his DD Form 214.
3. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. 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) AR20110013175
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ABCMR Record of Proceedings (cont) AR20110013175
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