BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110018018 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2007:

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade)
* Item 14 (Military Education) to show the Combat Lifesaver Course
* to show award of a security clearance

2.  He also requests the following corrections to his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) for the period ending 20 December 2009:

* Items 12 (Military Education) to show the Combat Lifesaver Course
* Items 17a (Personnel Security Investigation-Type) and 17b (Investigation) of his NGB Form 22 to show award of a security clearance

3.  The applicant states the attached DA Form 4187 (Personnel Action) shows he was promoted to specialist (SPC), pay grade E-4, on 14 December 2007.  His NGB Form 22 reflects this; however Items 4a and 4b of his 2007 DD Form 214 needs to be updated.

4.  He also states that this DD Form 214 and NGB Form 22 do not reflect he completed the Combat Lifesaver Course which he completed in the Spring of 2006 at Fort Lewis, WA.  The information pertaining to his security clearance is 
also not reflected on this DD Form 214 and NGB Form 22.  He now works for the Department of Veterans Affairs where rank at the time of separation and military education determines pay increases.  These errors negatively impact his earning potential.

5.  He provides:

* DA Form 4187 (Personnel Action)
* DA Form 5691-R (Request for Reserve Components Assignment Orders)
* 2007 DD Form 214
* Verification of Security Clearance memorandum
* 2009 NGB Form 22

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.  With respect to the corrections to his NGB Form 22, the applicant may submit his request to the Chief, National Guard Readiness Center (NGB-ARP-DA), 111 South George Mason Drive, Arlington, VA  22204-1382 or the State Adjutant General, for appropriate action.  Therefore, correction of his 2009 NGB Form 22 will not be discussed further in the Record of Proceedings. 

3.  The applicant’s military record shows he enlisted in the Regular Army, in pay grade E-1, on 6 July 2004, for 3 years.  He completed training and was awarded military occupational specialty 11B (Infantryman).  He was advanced to pay grade E-3 on 4 May 2007.

4.  He enlisted in the ARNG, in pay grade E-3, on 16 October 2007, for 4 years.

5.  A DA Form 4187, dated 7 December 2007, announced his promotion in the ARNG to the rank and pay grade of SPC, E-4, with an effective date of 14 December 2007.
6.  He was honorably released from active duty on 20 December 2007, for completion of required active service, and he was transferred to a Reserve unit.  He was issued a DD Form 214 showing in:

* Item 4a – PFC (private first class)
* Item 4b – E-3
* Item 12h (Effective Date of Pay Grade) - 4 May 2007
* Item 14 – None/Nothing Follows

7.  In Verification of Security Clearance memorandum, dated 11 July 2008, the Personnel Security Manager, Illinois ARNG (ILARNG), stated that he had seen the computer generated DA Form 873 (Certificate of Clearance and/or Security Determination) issued by the U.S. Army Central Personnel Clearance facility on the applicant.  The original DA Form 873 was on file in the DA Form 201 (Military Records Jacket) File) or in IPERMS (Integrated Personnel Electronic Records Management System) as applicable.  The memorandum indicated the following:

* Clearance:  None
* Investigation:  Favorable Entrance National Agency Check (ENTNAC)
* Date Clearance Granted:  (blank)
* Date Investigation Completed:  27 April 2004

8.  He was honorably released from the ILARNG on 20 December 2009, for expiration of term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  

9.  A review of his official military personnel file located on the (IPERMS) failed to reveal a completion certificate for the Combat Life Saver Course during his period of active duty and an approved DA Form 873 showing award of a security clearance.

10.  A review of his official military personnel file located on the Soldier Management System, located on the Army Human Resource Command Integrated Web Service, Retention/Readiness section, shows a security investigation was completed on 1 June 2006.  His records located on this system failed to reveal he was granted a security clearance.  The records also do not contain a completion certificate for the Combat Life Saver Course.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Full-Time National Guard Duty Soldiers upon completion of 90 days or more of continuous active duty.  It 

establishes standardized policy for the preparation of the DD Form 214.  The regulation states:

* Item 4a and 4b and 12h will list the active duty grade or rank and pay grade at the time of separation and the pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation
* Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214, the number of weeks attended, and the month and year completed
* There are no provisions in Army Regulation 635-5 for listing award of a security clearance on the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the RA on 6 July 2004 and was promoted to PFC/E-3 on 4 May 2007.  He enlisted in the ARNG on 16 October 2007, prior to his release from active duty.  He was promoted in the ARNG with an effective date of 14 December 2007.  He was released from active duty on 20 December 2007.  In accordance with regulatory guidance, he was issued a DD Form 214 properly annotated with the rank and pay grade of 
PFC/E-3, his active duty grade and rank.  Therefore, he is not entitled to correction to Items 4a and 4b of his 2007 DD Form 214.

2.  He contends that he completed the Combat Lifesaver Course in the Spring of 2006; however, there are no evidence in his records and he provides none showing he completed this course.  Without evidence, he is not entitled to correction to Item 14 of his 2007 DD Form 214 to show he completed that course.

3.  The documentation he submitted shows a favorable ENTNAC was completed on 27 April 2004.  The memorandum stated the entry "None" for clearance and no date was entered for date clearance granted.  His records failed to reveal an approved DD Form 873 or indicate he was awarded a security clearance.  There are no regulatory provisions for reflecting award of a security clearance on the DD Form 214.  There is no indication and he had not provided clear and convincing evidence that he was awarded a security clearance.  Therefore, he is not entitled to correction to his 2007 DD Form 214 to show he was awarded a security clearance.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_X____  __X______  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ 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)                                         AR20110018018



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ABCMR Record of Proceedings (cont)                                         AR20110018018



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