IN THE CASE OF:	  

		BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20130000057 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the designation of "Fast Tracker"
* Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) to show "Yes" instead of "No"
* Item 18 (Remarks), in effect, to remove the statement "Characterization of Service Upgraded 3 September 2004 Following Application Dated 4 June 2003//Nothing Follows"
* Item 19b (Nearest Relative) to show the name "Peggy A---n" instead of
"Perry A---n"

2.  The applicant states:

I have carried dishonor and the gulf war vaccines for 24 years.  My request for help was met with laughter and my cooperation with CID [Criminal Investigation Command] in the barracks and in the city of Kileen, Texas only resulted in the LT. COL's [lieutenant colonel] remark "Friendly Fire."… We were taken to the theatre and then vaccinated….Out of all that was going on
I wanted to fight and I was the only Soldier who told the truth and cooperated with my command.  The results, in my opinion, of the outcome are actually portrayed in my DD Forms 214.  For the next 24 years I continued to tell the 

truth on job applications in a highly militarized town.  Not only did I not get jobs more often that I did, but I worked 10 years of hard manual labor.  Today I'm amazed by separation codes.

3.  The applicant provides two DD Forms 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 23 November 1989 and he held military occupational specialty 13B (Cannon Crewmember).  The highest rank/
grade he attained while serving on active duty was private (PV2)/E-2.

3.  His DA Form 2-1 (Personnel Qualification Record) shows in item 17 (Civilian Education and Military Schools) he completed the 8 week Initial Entry Training Fast Tracker (13B) course in 1990.

4.  His record contains a DA Form 689-1-R 9 (Army Continuing Education System (ACES) Record Continuation Sheet), dated 11 September 1990, wherein he handwrote and initialed next to the statement, "I understand that I will not receive educational benefits under the MGIB because I have only served
11 months of [a] 48-month enlistment."

5.  On 19 September 1990, he was discharged under honorable conditions.  His DD Form 214, which was later voided, shows in:

* Item 13 that he was awarded or authorized the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar
* Item 15a, the entry "No"
* Item 18, the entry "None//Nothing Follows"
* Item 19b, the entry "Peggy A---n"
6.  On 3 September 2004, the Army Discharge Review Board upgraded his characterization of service to honorable and his narrative reason for separation to Secretarial Authority.  As a result he was issued a new DD Form 214 to reflect these changes.  This DD Form 214 further shows in:

* Item 13 the same entries as shown on his originally issued DD Form 214
* Item 15a the same entry as shown on his originally issued DD Form 214
* Item 18, the entry "Characterization of service upgraded 3 September 2004 following application dated 4 June 2003//Nothing Follows"
* Item 19b, the entry "Perry A---n"

7.  Army Regulation 635-5 (Personnel Separations - 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 standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

	b.  Item 14 (Military Education), list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	c.  Item 15a, if the Soldier contributed to VEAP and did not get money back, mark "YES."  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "NO."  For any Soldier who enlisted after 1985, mark "NO."

	d.  Item 18, for a Soldier who has their service characterization upgraded, enter (on copies 2 through 8) "SERVICE CHARACTERIZATION UPGRADED ON (date) FOLLOWING APPLICATION DATED (date)."

	e.  Item 19b, advise the Soldier that the name and address of a relative is required.  This relative should be someone who will know their location and address at all times. Enter the name the Soldier provides.

DISCUSSION AND CONCLUSIONS:

The applicant contends that several items on his DD Form 214 were incorrect.  With respect to:

	a.  Item 13 and his request that the designation "Fast Tracker" be added,  Item 13 is used to list awards and decoration which a Soldier is authorized.  "Fast Tracker" is a military school/course, and not an award.  As such, it is not authorized for entry in item 13 of the DD Form 214.  Item 14 is used to enter formal in-service training courses and schools a Soldier has completed.  However, "Fast Tracker" is a course that focuses on combat skills; therefore, it is not entered in item 14 of the DD Form 214.

	b.  Item 15a and his request that the entry be changed from "No" to "Yes,"  any Soldiers who enlisted after 1985 will have a "No" entry in item 15a.  He enlisted in 1989; therefore, the current entry of "No" is correct.

	d.  Item 18 and his request that the entry in this item be removed, the entry "Service characterization upgraded on 3 September 2004 following application dated 4 June 2003" is a required entry for those who have had his/her characterization of service upgraded.  As such, this entry should not be removed from his DD Form 214.

	e.  Item 19b and his request that the entry be changed to show the name
"Peggy A---n" instead of "Perry A---n," it appears this name was correctly entered on his originally issued DD Form 214 and that an administrative error occurred when his DD Form 214 was reissued.  Therefore, he is entitled to correction of his reissued DD Form 214 to correctly list the name in item 19b as shown on his originally issued 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 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 deleting the entry in item 19b of his DD Form 214 and replacing it with the entry as shown on his originally issued DD Form 214.

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 correcting items 13, 15a, and 18 of 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)                                         AR20130000057



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ABCMR Record of Proceedings (cont)                                         AR20130000057



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