BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120011558 


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 in:

* item 11 (Primary Specialty) – 6 years and 24 days time in service (TIS)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add – 

* Army Medical Department Regimental Affiliation, 28 September 1993
* Army Commendation Medal (ARCOM), 11 August 1997
* Joint Service Achievement Medal (JSAM), 7 November 1996
* Army Achievement Medal (AAM), early-mid 1997
* Good Conduct Medal (AGCM), 2 June 1997
* Valorous Unit Award (VUA)
* Meritorious Unit Commendation (MUC)

* item 14 (Military Education) – Combat Medical Specialist Course (91B), 10 weeks, September 1993
* item 27 (Reentry Code) – to show a more favorable code

2.  The applicant states that he wants to reenter the Army and upon reviewing his DD Form 214 with his local recruiter they found the document was missing information and contained some errors.  Specifically, he contends item 11 of his DD Form 214 incorrectly shows his TIS as 4 years and 10 months when he served a total of 6 years and 24 days to include time spent in the U.S. Army Reserve (USAR).  Further, he received an honorable discharge and had no medical or punitive issues at the time of his discharge so he questions why his reentry code is listed as "3."

3.  He provides:

* a chronological statement of his record of service and a list of awards missing from his DD Form 214
* his DD Form 214
* his DA Form 2-1 (Personnel Qualification Record)
* orders and certificate for the AGCM
* the recommendation, certificate, and citation for the JSAM
* orders and certificate for the ARCOM
* a regimental affiliation certificate for the U.S. Army Medical Department
* a type written note from his first sergeant
* orders relating to his assignments, discharge from the U.S. Army Reserve (USAR), and active duty tours
* an award recommendation for the North Atlantic Treaty Organization (NATO) Medal

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.  On 26 March 1993, he enlisted in the USAR.  In item 14 of his DD Form 214 for the period 11 May 1993 through 27 September 1993 shows he completed the 91B (Medical Specialist Course).

3.  He enlisted in the regular Army on 21 September 1993.  He completed training in military occupational specialty (MOS) 67T (UH-60 Helicopter Repairman).

4.  His record includes Permanent Orders Number 153-05, issued by the Detachment C, 38th Personnel Service Battalion, Germany, showing he was awarded the AGCM (1st Award) for the period 21 September 1993 to 20 September 1996.

5.  On 7 March 1999, he was honorably released from active duty at the completion of required active service and he was transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows he completed 5 years, 5 months, and 17 days of creditable active service.  His DD Form 214 also shows in:

* item 11 – "67T1Q  UH Helicopter Repairman" – 4 [years] 10 [months]"
* item 13 – 

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Aircraft Crewmember Badge
* Armed Forces Service Medal
* NATO Medal

* item 14 – does not list the 91B Medical Specialist Course

6.  The U.S. Army Human Resources Command Military Awards Branch listing of recently-approved unit awards failed to show that Company C, 2nd Battalion, 1st Aviation Regiment was awarded the VUA or the MUC during his period of assignment.

7.  He provides the following documents:

	a.  a chronological statement of his service and a list of awards not shown on his DD Form 214;

	b.  a JSAM Certificate and Citation for meritorious service, dated 7 November 1996, issued by the Peace Implementation Forces, Sarajevo, Bosnia-Herzegovina;

	c.  a DA Form 638 (Recommendation for Award) which shows Headquarters, 4th Brigade, 1st Infantry Division, Germany, issued Orders Number 223-06, dated 11 August 1997, awarding him the ARCOM for the period 12 June 1994 to 12 June 1997 while he was assigned to Company C, 2nd Battalion, 1st Aviation Regiment;



	d.  Various orders relating to his:

* initial active duty training
* assignment to U.S. Army Academy of Health Sciences for training in MOS 91B
* assignment to Fort Eustis, VA for training in MOS 67T
* discharge for the USAR on 7 February 1994
* assignment to Germany, reporting date 24 June 1994
* assignment to Fort Rucker, AL, reporting date 4 August 1997

	e.  a U.S. Army Medical Department Certificate of Regimental Affiliation; and

	f.  a typed document with the following statement "SORRY THAT IT TOOK SO LONG IF YOU LOOK AT THE DATE OF THE AWARD, YOU CAN SEE WHEN IT WAS TURNED-IN GOOD LUCK 1SG CXXXXXXX."  The applicant submits this as proof that he was awarded the Army Achievement Medal.

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

	a.  the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and

	b.  the Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 11, enter the military occupational specialty codes, titles, years (served in MOS), and months for warrant officers and enlisted personnel;

	b.  item 12c, enter all active service for the period covered less time lost;

	c.  item 12d, enter all prior active service less time lost;

	d.  item 12e, enter all prior inactive service less time lost under;

	e.  item 13, list awards and decorations for all periods of service; and

	f.  item 14, list in-service training courses; title, number of weeks year completed during this period of service.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

10.  This regulation does not authorize the entry of an individual's regimental affiliation on the DD Form 214.

11.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The SPD code of "LBK" specifies the narrative reason for separation as involuntary release (due to Army Physical Fitness Test (APFT) failure, lack of family care plan, misconduct, mental evaluation, etc) from active duty for "completion of required active service" and the authority for separation under this SPD is Army Regulation 635-200, chapter 4.  The SPD/RE Code Cross Reference Table establishes RE code 3 as the proper code to assign to Soldiers separated for this reason.

* RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted

12.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support his request for correction of item 11 of his DD Form 214 to show his TIS as 6 years and 24 days.  Regulatory guidance states to enter the MOS codes, titles, years served in that MOS in item II.  His total active TIS can be calculated by adding item 12c (5 years, 5 months, and 17 days) and 12d (4 months and 18 days); the sum of which equals 5 years, 10 months, and 5 days.  There is no correction required on this matter.

2.  The analyst notes that his USAR DD Form 214 shows he was released from initial active duty training on 28 September 1993.  His subsequent DD Form 214 shows he entered the Regular Army on 21 September 1993.  This is an obvious error because of the overlapping period of 21 - 28 September 1993.  However, it is the policy of the Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.

3.  His separation code is shown as "LBK" which shows he was involuntarily released from active duty on 7 March 1999 under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required active service.  The RE code associated with this discharge is RE-3.

4.  His record is void of any derogatory information and the reason for his separation is not contained in the record; therefore, there is insufficient evidence to determine if an error exists in regards to his RE Code.  Lacking evidence to the contrary, it must be presumed that the appropriate SPD and RE code are shown on his DD Form 214.

5.  The applicable regulation states to list only courses completed during the period covered by the DD Form 214.  The evidence of record shows the Combat Medical Specialist Course is listed on his DD Form 214 ending 28 September 1993; therefore, it should not be added to his DD Form 214 ending 7 March 1999.

6.  There is no provision to list an individual's regimental affiliation on the DD Form 214 as such it would be inappropriate to add this information.

7.  He provides a copy of his JSAM Certificate and Citation; however, there are no orders to corroborate the award.  Further, there is no available evidence to show he was recommended for or awarded the AAM.  Army regulations require formal recommendations, approval through the chain of command and announcement in orders for all personal decorations.  These awards should not be added to his DD Form 214.

8.  A review of the U.S. Army Human Resources Command Military Awards database did not show his unit was awarded the VUA or the MUC during his period of assignment.

9.  Permanent Orders awarded him the ARCOM and AGCM (1st Award) and his record should be corrected to show these awards.

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 adding the following awards to his DD Form 214:

*	Army Good Conduct Medal (1st Award)
*	Army Commendation 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:

	a.  correcting item 11 of his DD Form 214 to show he completed 6 years and 24 days TIS;

	b.  adding to item 13 of his DD Form 214:

* Army Medical Department Regimental Affiliation
* Joint Service Achievement Medal
* Army Achievement Medal
* Valorous Unit Award
* Meritorious Unit Commendation



	c.  adding to item 14 (Military Education) the Combat Medical Specialist Course (91B), 10 weeks, September 1993; and

	d.  correcting item 27 (Reentry Code) to show a more favorable code.



      _________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)                                         AR20120011558



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ABCMR Record of Proceedings (cont)                                         AR20120011558



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