IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013742 


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 (Report of Separation from Active Duty) to add:

* his U.S. Army Reserve (USAR) service and USAR pay grade
* all medals, awards, and ribbons

2.  The applicant states his records have never been updated.

3.  The applicant provides his DD Form 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 Regular Army on 30 October 1972.  He held military occupational specialty 64C (Motor Transport Operator).  He was promoted through the ranks to specialist four (SP4)/E-4 on 12 December 1973.

3.  General Orders Number 6217 issued by Headquarters, U.S. Army Europe and 7th Army, dated 17 October 1975, awarded him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 30 October 1972 through 30 October 1975.

4.  He was honorably released from active duty on 23 October 1975 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

* item 6a (Grade, Rate or Rank) and 6b (Pay Grade) – "SP4" and E-4"
* item 18 (Record of Service) – 2 years, 11 months, and 24 days of total active service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal

5.  Orders Number 11-271271 issued by the U.S. Army Reserve Components Personnel Administration Center, dated 9 November 1976, released him from the USAR Control Group (Reinforcement) and assigned him to a troop program unit, Company C, 3rd Battalion, 321st Regiment, effective 7 October 1976.

6.  Orders 193-89 issued by Headquarters, First U.S. Army, dated 8 December 1978, honorably discharged him from Company C, 3rd Battalion, 321st Regiment, in the grade/rank SP4/E-4 effective 29 October 1978.

7.  His records contain a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States).  This form shows he reenlisted in the USAR on 30 October 1978 for a period of 3 years.

8.  Orders 242-31 issued by Headquarters, First U.S. Army, dated 21 December 1981, honorably discharged him from the USAR in the rank/grade of staff sergeant/E-6 effective 21 December 1981.

9.  There is no indication he performed any periods of active duty between the date he was released from active duty on 30 October 1975 and the date he was discharged from the USAR on 21 December 1981 which would have warranted the issuance of a DD Form 214.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty; and

	c.  RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the Army National Guard of the United States Alternate Training Program or the USAR Split Training Program.

11.  Chapter 2 of Army Regulation 635-5 states that items 6a and 6b show the Soldier's rank and grade at the time of separation from active duty and item 18 shows the total active service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the first award of the Army Good Conduct Medal before he was released from active duty.  Therefore he is entitled to have his DD Form 214 corrected to show this award.

2.  There are no other awards or decorations in his records that he may have earned or qualified for during his active service and he provides none to support a correction to his DD Form 214.

3.  The highest rank/grade he attained during his active service was SP4/E-4 on 12 December 1973.  There is no evidence he was promoted above that grade during his active service.  The rank and grade entries are correctly shown on his DD Form 214.

4.  Although he enlisted in the USAR subsequent to his release from active duty, there is no provision to list his subsequent USAR service on a previously-issued DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

5.  Additionally, there is no evidence he performed any period of active duty of 90 days in duration or more subsequent to his release from active duty in 1973 which would have warranted the issuance of a separate 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 the Army Good Conduct Medal (1st Award) to item 26 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 adding USAR service, USAR pay grade, and/or medals and ribbons he earned while serving in the USAR to 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)                                         AR20110013742



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013742



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1