BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110015400 


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 that his last (29 February 2004) DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his promotion to staff sergeant, all of his military occupational specialties (MOS), and all of his awards. 

2.  The applicant states that at the time of his discharge he was recovering from injuries and illnesses that left him emotionally and physically drained.  He was not aware that he could correct these omissions until recently.

3.  The applicant provides copies of his transfer orders, promotion list, DA Form 4187 (Personnel Action) for his promotion, a Noncommissioned Officer Evaluation Report (NCOER), two DD Forms 214, orders placing him on and removing him from the Temporary Disability Retired List (TDRL), five award certificates, and his Army American Council on Education (ACE) Registry Transcript System record.

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 available records show applicant enlisted in the Army National Guard (ARNG) on 22 June 1982.  He served in the Georgia ARNG (GAARNG), South Carolina ARNG (SCARNG), U.S. Army Reserve (USAR), or in the Regular Army (RA) until he was medically retired (while on active duty) on 29 February 2004.

3.  A DA Form 4187, dated 1 January 2004, shows the applicant was promoted to staff sergeant, pay grade E-6 effective 1 January 2004. 

4.  The certificates provided by the applicant show award of four Army Achievement Medals, dated 22 August 1985, 25 October 2001, 10 July 2001, and 28 February 2002.  The last three Army Achievement Medal certificates include the permanent orders numbers on them.  The applicant's official record contains only copies of certificates for his 22 August 1985 and 28 February 2002 Army Achievement Medal, the NATO Medal (for service in Bosnia-Herzegovina), and four Certificates of Achievement.

5.  The applicant's records are incomplete.  Most of the available information is contained on three National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) and five DD Forms 214.  They provide the following MOS and award information for the period:

	a.  from 22 June 1982 through 5 July 1983 in the ARNG - the 5 July 1983 NGB Form 22 shows MOS 75E (Personnel Actions Specialist) and award of the Army Service Ribbon; 

	b.  from 30 August 1983 through 15 June 1987 in the RA - the 15 June 1987 DD Form 214 shows MOS 72E (Combat Telecommunications Control Operator) (3 years and 4 months) and his awards as the Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Achievement Medal; 

	c.  upon release from active duty the applicant was assigned to the USAR Control Group (Reinforcement).  However, it appears that he enlisted in the SCARNG on 17 June 1987 - the available record does not contain any specific additional documentation for this period of service;

	d.  from 3 August 1992 through 14 December 1992 in the ARNG (on active duty for training) - the 14 December 1992 DD Form 214 show MOS 31M (Multi-channel Communications Systems Operator) and his awards as the Army Achievement Medal, National Defense Service Medal, Army Reserve Components Achievement Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The DD Form 214 shows he was released to the ARNG with an assignment location in South Carolina;

	e.  from 28 July 1996 through 29 July 1999 in the ARNG - the 29 July 1999 NGB Form 22 show MOS 31U (Signal Support Systems Specialist) and his awards as the Army Achievement Medal, National Defense Service Medal, Army Reserve Components Achievement Medal, NCO Professional Development Ribbon, Army Service Ribbon, and the Overseas Service Ribbon;

	f.  from 3 February 2001 through 3 October 2001 in the ARNG (on active duty under Title 10 mobilization orders) - the 3 October 2001 DD Form 214 shows MOS 31C (Radio Operator/Maintainer) and his awards as the Army Achievement Medal (2nd Award), Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal With "M" Device, NCO Professional Development Ribbon, Army Service Ribbon, and NATO Medal (Yugoslavia); 

	g.  from 4 October 2001 through 28 March 2002 in the ARNG (on active duty under Title 32) - the 28 March 2002 DD Form 214 shows no MOS entry and his awards as the Army Achievement Medal (2nd award), Army Reserve Components Achievement Medal (2nd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, NCO Professional Development Ribbon, Army Service Ribbon, and the NATO Medal (Yugoslavia);

	h.  from 29 March 2002 through 29 February 2004 in the ARNG (on active duty) - the 29 February 2004 DD Form 214 shows the MOS's as 31C Single Channel Radio Operator (12 years and 3 months), and 31U Signal Support System Specialist (7 years and 2 months), and his awards as the Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), NCO Professional Development Ribbon With Numeral 2, Army Service Ribbon, and the Overseas Service Ribbon; and

	i.  from 27 September 1999 through 29 February 2004 in the GAARNG - the 29 February 2004 NGB Form 22 shows an MOS of 31C (Radio Operator 

Maintainer) since 30 September 2001 and his awards as the Army Achievement Medal (2nd award), Army Reserve Components Achievement Medal
(2nd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, NCO Professional Development Ribbon, Army Service Ribbon, and the NATO Medal (Yugoslavia).  Item 4 (Rank and Pay Grade) shows sergeant, E-5. 

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.  Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible;

	b.  the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism 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. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  awards and decorations for all periods of service in the priority sequence and abbreviations are not to be used - and 

	b.  enter the titles of all MOS's served in during the period covered by the DD Form 214, for at least 1 year, and include for each MOS the number of years and months served.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that at the time of his discharge he was recovering from injuries and illnesses that left him emotionally and physically drained.  He was not aware that he could correct these omissions until recently.

2.  While the applicant was awarded and served in several different MOS's during his 18 plus years of military career, the appropriate MOS entries on the last DD Form 214 are only those which the applicant held during the period covered by that document.  Therefore, no correction is warranted on this issue.

3.  The applicant was promoted to staff sergeant, pay grade E-6 effective 1 January 2004.  His final DD Form 214, at item 4, shows his rank and pay grade as sergeant E-5.  It is appropriate to correct this error.

4.  The Army Achievement Medal certificates show award of four Army Achievement Medals whereas none of his separation documents show more than two awards and his last DD Form 214 shows only a single award which would account for his first Army Achievement Medal dated 22 August 1995.  The remaining certificates all have order numbers listed.  It is appropriate to correct the DD Form 214 to show all four of his Army Achievement Medals.

5.  The applicant's different separation documents show that during the course of his military career he was entitled to and/or awarded the Army Reserve Components Achievement Medal (2nd award), National Defense Service Medal (2nd award), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, NATO Medal (Yugoslavia), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  His last DD Form 214 shows only a single award of the Army Reserve Components Achievement Medal not the two awards shown in his records.  It is appropriate to correct this error.

7.  The applicant's final DD Form 214 also omits his award of the Armed Forces Expeditionary Medal (Yugoslavia), Armed Forces Reserve Medal with "M" Device, NATO Medal (Yugoslavia), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  In addition to the awards listed above, the applicant is also authorized award of the Global War on Terrorism Service Medal.

9.  Based on the above, it is appropriate to correct his records by deleting all of the entries at item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 29 February 2004 DD Form 214 and replacing them with the:

* Army Achievement Medal (4th award)
* Army Reserve Components Achievement Medal (2nd award)
* National Defense Service Medal (2nd award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  It is further recommended that the applicant contact the GAARNG for the purpose of requesting correction of his State records to include the above Federal records corrections.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_x____  ___x_____  ___x_____  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:

	a.  deleting all of the entries at item 4 and item 13 on the 29 February 2004 DD Form 214;

	b.  adding at item 4 staff sergeant E-6;

	c.  adding at item 12h (Effective Date of Pay Grade) 2004 01 01; and

	d.  adding at item 13 the following;

* Army Achievement Medal (4th award)
* Army Reserve Components Achievement Medal (2nd award)
* National Defense Service Medal (2nd award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

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 showing any additional MOS's on his 29 February 2004 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)                                         AR20110015400



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ABCMR Record of Proceedings (cont)                                         AR20110015400



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