IN THE CASE OF:	  

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130000667 


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), ending on 19 December 2002, to show in:

* item 12b (Separation Date This Period) a date other than 19 December 2002
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) all the awards he is entitled to
* Item 14 (Military Education) the:

* Ranger indoctrination program, April 1996
* Special Forces Assessment and Selection Course, June 1998
* Air Assault School, April 1999
* Reserve Component Noncommissioned Officers Primary Leadership Development Course, December 1999

2.  The applicant states his 2002 DD Form 214 was not properly updated when he was discharged.  The date of his discharge is incorrect and all of his course certificates and awards are not shown.  He is applying for benefits from the Department of Veterans Affairs and he would like his DD Form 214 updated.

3.  The applicant provides:

* Ranger indoctrination program certificate of graduation
* 
1998 and 2002 DD Forms 214
* Certificate of completion, Special Forces Assessment and Selection Course
* Certificate of completion of the Air Assault Course
* Certificate of completion of the Reserve Component Noncommissioned Officers Primary Leadership Development Course
* U.S. Army Reserve (USAR) discharge orders
* Honorable Discharge Certificate

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 August 1995.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  He provides copies of two course certificates that confirm he completed the Ranger indoctrination program on 4 April 1996 and the Special Forces Assessment and Selection Course on 11 June 1998.

4.  He was honorably released from active duty, in pay grade E-4, on 23 October 1998, and he was transferred to a Reserve unit.  His DD Form 214 for this period of service lists in:

* Item 13 the:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* 
Item 14 the entry "None/Nothing Follows"

5.  He enlisted in the Georgia Army National Guard (GAARNG) effective 24 October 1998.  He was separated from the GAARNG on 17 November 1998 and enlisted in the California ARNG (CAARNG) on 18 November 1998.

6.  He also provides a certificate showing he attended and successfully completed Air Assault School from 27 March through 7 April 1999.

7.  Permanent Orders A116-78, issued by Headquarters, 25th Infantry Division (Light), dated 26 April 1999, awarded him the Air Assault Badge for the successful completion of the Air Assault Training Course on 26 April 1999.

8.  On 20 December 2001, he was ordered to active duty in support of Operation Noble Eagle.  He was honorably released from active duty on 19 December 2002 and he was transferred to a CAARNG unit.  He completed 1 year of net active service this period.  His DD Form 214 lists in:

* Item 12b the entry 19 December 2002
* Item 13 the:

* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal and Mobilization
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Parachutist Badge
* Silver German Armed Forces Parachutist Badge

* Item 14 the entry "None/Nothing Follows"

9.  A review of his military record located on the Soldier Management System, located on the AHRC-STL Integrated Web Service, shows he was discharged from the CAARNG on 22 August 2003 and he was transferred to the USAR.

10.  He was honorably discharged from the USAR on 15 March 2005 and issued discharge orders and an Honorable Discharge Certificate.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the 
DD Form 214.  It stated for:
	a.  Item 12b, enter the date of separation for the period covered by the
DD Form 214.

	b.  Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Certificates of Achievement, Service, or Appreciation are not reflected.

	c.  Item 14, list the in-service training courses accomplished to assist Soldiers after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  Those authorized training courses successfully completed during the period of service covered by the DD Form 214 will include the title, length in weeks (1 week or more), and year completed.  Correspondence courses are also not reflected.

12.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Air Assault Badge.  Therefore, his DD Form 214 for the period ending 19 December 2002 should be corrected to show this award.

2.  Records confirm he served during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 for the period ending 19 December 2002 should be corrected to show this award.

3.  With respect to correction of the separation date shown in item 12b of his DD Form 214 for the period ending 19 December 2002, there is no evidence of record and he did not provide sufficient evidence to show he served on active duty beyond 19 December 2002.  His subsequent service in the ARNG is not active duty service; therefore, it is not recorded on the DD Form 214.  Based on the available evidence there is an insufficient evidentiary basis for granting this portion of his request.

4.  Records show he completed the Ranger indoctrination program in April 1996 and the 3-week Special Forces Assessment and Selection Course in June 1998; however, these courses are strictly combat skills course.  Therefore, there is no basis for adding these courses to his 1998 DD Form 214.

5.  He completed the Reserve Component Noncommissioned Officers Primary Leadership Development Course and the Air Assault Course after his release from active duty in October 1998 and prior to his reentry on active duty in December 2001.  Since neither course was completed during the period covered by either of his DD Forms 214, there is no basis for granting this portion of his request.

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 to item 13 of his DD Form 214 for the period ending 19 December 2002 the Global War on Terrorism Service Medal and Air Assault Badge.

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:

* showing in item12b of his 2002 DD Form 214 a date other than 19 December 2002
* adding any additional awards other than those in paragraph 1 above to item 13 of his 2002 DD Form 214
* adding the Ranger indoctrination program or the 3-week Special Forces Assessment and Selection Course to his 1998 DD Form 214
* 
adding the Air Assault School and Reserve Component Noncommissioned Officers Primary Leadership Development Course to his 2002 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)                                         AR20130000667



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ABCMR Record of Proceedings (cont)                                         AR20130000667



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