IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20130000522 


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 effect:

* completion of the requirements for award of military occupational specialty (MOS) 11C (Indirect Fire Infantryman)
* award of the National Defense Service Medal and Army Service Ribbon
* award of the Infantry Shoulder Cord and Cross Rifles

2.  The applicant states:

* someone intentionally left the requested items off his DD Form 214; he recently found the errors when he tried to join the Army National Guard
* he went through a lot to earn his MOS, Infantry Shoulder Cord, and Cross Rifles and he believes his drill sergeant and captain were responsible for the intentional omission
* he completed one station unit training (OSUT) at Fort Benning, GA, and his counseling statements clearly show he graduated
* he was held at Fort Benning, GA, for his security clearance and he was then discharged 
* his DA Form 2-1 (Personnel Qualification Record) shows he completed the MOS 11C course and graduated
* his DA Form 2-1 also shows he earned the National Defense Service Medal and Army Service Ribbon


3.  The applicant provides:

* DA Forms 4856 (General Counseling Form), dated 22 March 1996, 
12 and 15 April 1996, and 8 May 1996
* DA Form 2-1

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’s records show he enlisted in the Regular Army on 2 October 1995.  He was assigned to Company C, 2nd Battalion, 54th Infantry, U.S. Army Infantry Brigade, Fort Benning, GA.  

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows the:

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar 

4.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed the 13-week Indirect Fire Crewman Course in 1996. 

5.  On 22 March 1996, he was counseled by his drill sergeant regarding failure of the Army Physical Fitness Test (APFT) on 22 March 1996.  The counseling form states "Since you are a graduate and an Entrance National Agency Check (ENTNAC) holdover), it is your responsibility….."

6.  On 12 April 1996, he was counseled by his drill sergeant regarding a second APFT failure, on 11 April 1996.  The counseling form states the applicant had graduated on 2 February 1996 and he was in an ENTNAC hold status.
7.  On 8 April 1996, he was counseled by his drill sergeant for displaying a severe weakness at the confidence course due to fear of heights.  

8.  On 15 April 1996, he was counseled by his drill sergeant regarding failure of the APFT on 11 April 1996.  The counseling form states he lacked motivation and mental toughness and that he must pass the APFT "as a requirement to continue service."

9.  On 3 May 1996, he was again counseled by his drill sergeant regarding failure of the APFT on 3 May 1996.  The counseling form states he lacked motivation and mental toughness and that he must pass the APFT "as a requirement to continue service."

10.  On 8 May 1996, he was counseled by his drill sergeant regarding failure of the APFT on 8 May 1996.  The counseling form states he lacked motivation and mental toughness and that he must pass the APFT "as a requirement to continue service."

11.  On 8 May 1996, the applicant's commander counseled him.  The commander stated that since his graduation from OSUT on 2 February 1996, his physical fitness level had dropped.  He had been counseled repeatedly as to what he needed to do to overcome this shortcoming to no avail.  He had failed to maintain the physical fitness standards the past 2 months and had failed to improve or attain the minimum standard for physical fitness.  He was recommended for discharge. 

12.  On 10 May 1996, his immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 13 of Army Regulation 635-200 (Personnel Separations) due to unsatisfactory performance with a general discharge.   

13.  On 10 May 1996, the applicant acknowledged receipt of the commander's notification and he subsequently waived consulting counsel.  He was nevertheless advised of the bases for the contemplated separation action for unsatisfactory performance, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  He elected not to submit a statement on his own behalf.  

14.  His immediate commander initiated separation action against him in accordance with Army Regulation 635-200 by reason of unsatisfactory performance with a general discharge under honorable conditions.  

15.  On 23 May 1996, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 by reason of unsatisfactory performance with the issuance of a general discharge under honorable conditions.  Accordingly, the applicant was discharged on 29 May 1996.  

16.  The DD Form 214 he was issued shows he completed 7 months and
28 days of creditable active service.  It also shows in:

* Item 11 (Primary Specialty - List number, title and years and months in specialty) - the entry "None"
* Item 13 - Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Grenade Bar 
* Item 14 (Military Education) - the entry "None"

17.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance on the preparation of the DD Form 214.  Item 11 shows the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For an enlisted Soldier, also specify the first 5 characters of the primary MOS Code, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.  Enter "O" when not applicable. 

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

	a.  The National Defense Service Medal was established by Executive Order 10448, 22 April 1953, and has been amended by several executive orders.  It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  

19.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and how these items are worn.  Paragraph 28-30 (Distinctive items authorized for infantry personnel) states in sub-paragraphs:

	a.  Paragraph 28-30a, the shoulder cord is infantry blue, and it is formed by a series of interlocking square knots around a center cord.  The approval authority is the commanding general of the U.S. Army Infantry Center who authorizes award of the shoulder cord to infantrymen who have successfully completed the appropriate training.  Enlisted personnel who have completed OSUT resulting in award of an infantry primary MOS.

	b.  Paragraph 28-30b, the infantry branch insignia, characterized by two crossed rifles, is a plastic disk in infantry blue and is awarded by the commanding general of the U.S. Army Infantry Center.  Enlisted infantry personnel, who hold an infantry primary MOS; who were awarded the Combat Infantryman Badge or the Expert Infantry Badge, or who have successfully completed the basic unit phase of an Army training program, or the equivalent, and enlisted personnel who completed OSUT and were awarded an infantry primary MOS. 

DISCUSSION AND CONCLUSIONS:

1.  There is more to an award of an MOS than training.  In addition to completing the required training a Soldier must also be qualified in other areas to include the physical profile, strength (physical demands), security (clearance or eligibility for a clearance), color vision, and other requirements.  

2.  The applicant in this case attended OSUT at Fort Benning, GA.  He appears to have completed OSUT as evidenced by some of the counseling forms as well as the entries on his DA Form 2-1.  However, it also appears he lacked the proper security credentials and as such he was held over pending an ENTNAC. He was not awarded an MOS.  

3.  While awaiting an ENTNAC, while still assigned to the same training unit, his performance dipped to a degree that necessitated his chain of command to initiate separation action against him for unsatisfactory performance due to multiple APFT failures.  He was discharged prior to receiving the results of his security check and he never served in the MOS.  As such he was never qualified in the MOS he was trained in.  Given that he was neither qualified for nor awarded MOS 11C his DD Form 214 correctly listed no specialty in item 11.  

4.  Since he was never awarded an MOS, he did not qualify for the Army Service Ribbon despite having completed some of the requirements for initial entry training.  Being held over for a security back ground check suggests he was still not qualified for the MOS and thus had not completed initial entry training.  

5.  The National Defense Service Medal requires the member to have served a period of honorable service as a member of the Armed Forces of the United States for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined.  The applicant's service was not characterized as honorable.  He does not meet the criteria for this award.  

6.  With respect to the Infantry Cord and Cross Rifles, these are items of clothing and even if a Soldier is eligible to wear them, there is no provision to list items of clothing on the DD Form 214. 

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)                                         AR20130000522



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000522



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1