IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120004971
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 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 31 January 2005, to show his correct Social Security Number (SSN). He further requests correction of his DD Form 214 to show award of the North Atlantic Treaty Organization (NATO) Medal.
2. He states a typographical error was made in regard to his SSN.
3. He provides:
* his DD Form 214 for the period ending 31 October 2003
* a DD Form 215, dated 31 January 2005
* his NATO certificate for the period 2 March - 1 May 2011
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With 2 months and 27 days of prior active service, the applicant enlisted in the Regular Army on 15 January 1979. He held military occupational specialties (MOS) 75C (personnel management specialist) and 84B (still photography specialist). On 4 March 1983, he was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. On 10 March 1983, he enlisted in the Maryland Army National Guard (MDARNG). On 14 March 1983, he entered active duty in an Active Guard Reserve (AGR) status and he continued to serve on active duty until he was retired on 31 October 2003, by reason of sufficient service for retirement.
4. The applicant's record contains a DD Form 215, issued by Headquarters, U.S. Army Human Resources Command, St. Louis, MO, dated 31 January 2005, that shows the Global War on Terrorism Service Medal was added to his DD Form 214 for the period ending 31 October 2003. The SSN recorded on this form is completely different than the SSN shown on the applicants DD Form 214.
5. The applicant's record contains a DD Form 215, issued by the same headquarters, dated 2 March 2005, that voided the previously-issued DD Form 215, dated 31 January 2005. This DD Form 215 shows the applicant's correct SSN; however, it shows the DD Form 214 being corrected is dated 31 October 2004, which is incorrect.
6. The applicant provides a NATO Certificate that awarded him the NATO Medal as a GS-9 civilian employee during the period 1 March 2011 to 1 May 2011.
7. Army Regulation 635-5 (Separation Documents) states that 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. It further states in paragraph 27 (Issuing and reissuing DD Form 214) that once a DD Form 214 has been issued, do not reissue except for the following reasons:
a. When directed by proper appellate authority, Executive Order, or by the Secretary of the Army.
b. When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.
c. When two DD Forms 215 have been issued and an additional correction is required.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded the NATO Medal in March 2011, over 7 years after the issuance of his DD Form 214 and as a civilian employee. Any subsequent training or achievement that occurred after his date of separation from active duty is not authorized to be listed on this DD Form 214. Therefore, there is no basis for granting this portion of his request.
2. Evidence shows the applicant was previously issued two DD Forms 215 to correct his DD Form 214 for the period ending "31 October 2003." However, it appears another DD Form 215 would be needed to correct the DD Form 215 that was issued on 2 March 2005, resulting in a third DD Form 215. Therefore, it would be appropriate at this time to void his DD Form 214 for the period ending 31 October 2003 and the two previously-issued DD Forms 215 and issue a new DD Form 214 that includes the Global War on Terrorism Service Medal.
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:
a. voiding his DD Form 214 for the period ending 31 October 2003 and the two previously-issued DD Forms 215, dated 31 January 2005 and 2 March 2005, and
b. issuing him a new DD Form 214 that includes the Global War on Terrorism Service Medal.
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 adding the NATO Medal to his DD Form 214 for the period ending 31 October 2003.
___________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) AR20120004971
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