BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130000779 


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) for the period ending 4 August 2003 to show in:

* item 12a (Date Entered Active Duty This Period) – 26 January 1997
* item 12b (Separation Date This Period) – 6 June 2003
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Global War on Terrorism Expeditionary Medal (GWOTEM)
* item 18 (Remarks) – remove the statement:  "RELEASE FROM ADT AND DISCHARGE FROM THE RESERVE OF ARMY AND RETURN TO ARNG"

2.  The applicant states the dates of his service prior to attending the Warrant Officer Basic Course are missing from 26 January 1997 to 6 June 2003.  His DD Form 214 shows he was in an active duty for training (ADT) status after the Warrant Officer Basic Course when he was not in a training status.  He was reassigned to his prior unit waiting to attend the course.  The GWOTEM is also missing from his DD Form 214.

3.  The applicant provides:

* U.S. Army Reserve (USAR) Personnel Center Orders R-01-000002, dated 6 January 1997
* USAR Personnel Command (AR-PERSCOM) Orders R-10-005810, dated 21 October 1998
* Headquarters (HQ), 94th Regional Support Command (RSC), 
Orders M-03-036-0050, dated 5 February 2003
* U.S. Army Human Resources Command (AHRC) Orders C-01-490132, dated 27 January 2004
* AHRC Orders C-01-490133, dated 27 January 2004 (two copies)
* HQ, 94th RSC Orders M-03-036-0050, dated 5 February 2003
* HQ, AR-PERSCOM Permanent Orders F-44-004, dated 13 February 2003
* HQ, 10th Mountain Division (Light Infantry) and Fort Drum, 
Orders 079-467, dated 20 March 2003
* 804th Medical Brigade Unit Roster
* DD Form 214 for the period ending 4 April 1994 (two copies)
* DD Form 214 for the period ending 4 August 2003 (two copies)
* DD Form 214 for the period ending 19 February 2004 (two copies)
* Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement for the period 1-31 December 2003
* AR-PERSCOM Orders E-06-302661, dated 13 June 2003
* AR-PERSCOM Orders R-08-374518, dated 1 August 2003
* AR-PERSCOM Orders R-08-374915, dated 19 August 2003
* DA Form 71 (Oath of Office – Military Personnel)
* Statement of Understanding for Appointment as a Warrant Officer
* warrant officer appointment memorandum, dated 5 August 2003
* GWOTEM memorandum and award listing, dated 6 April 2004
* memorandum for record, dated 14 June 2003

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 USAR under the Delayed Entry Program for 8 years on 31 January 1992 and he subsequently enlisted in the Regular Army for 3 years on 8 April 1992.  After completing 1 year, 11 months, and 27 days of net active service during this period, he was honorably released from active duty due to hardship on 4 April 1994.  He was transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.  He was issued a DD Form 214 for this period of active duty service.

3.  On 26 January 1997, the applicant was ordered to active duty in an Active Guard Reserve (AGR) status for 3 years, 5 months, and 5 days.  He reenlisted in the USAR in an AGR status for 6 years on 4 May 2000.

4.  DFAS confirmed the applicant received hostile fire/imminent danger pay for service in Kuwait from 23 March 2003 through 20 May 2003, a period of 1 month and 28 days.

5.  The applicant was honorably discharged from the USAR on 4 August 2003, as confirmed by DFAS and his Master Military Pay Account (MMPA), to accept an appointment as a warrant officer.  His DD Form 214 for this period does not show he was awarded the GWOTEM.  His DD Form 214 states he was separated from the service on temporary records and the Soldier's affidavit.  It further states a DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.  His DD Form 214 shows in:

* item 12a – 17 June 2003
* item 12b – 4 August 2003
* item 12c (Net Active Service This Period) – 0 years, 1 month, and 18 days
* item 12d (Total Prior Active Service) – "SEE BLOCK #18"
* item 12e (Total Prior Inactive Service) – "SEE BLOCK #18"
* item 12f (Foreign Service) – 0 years, 0 months, and 0 days
* item 18 – "BLOCK 23:  RELEASE FROM ADT AND DISCHARGE FROM THE RESERVE OF ARMY AND RETURN TO ARNG"
* item 23 (Type of Separation) – "SEE BLOCK 18"

6.  On 5 August 2003, the applicant accepted an appointment in the USAR as a warrant officer and he was ordered to active duty in an AGR status with a 3-year commitment.  He was REFRAD at the completion of his required active service on 19 February 2004.  He was assigned to the USAR Control Group (Reinforcement).  The applicant was issued a DD Form 214 for this period of service.

7.  The applicant provides copies of most of his orders filed in the interactive Personnel Electronic Records Management System (iPERMS).  He provides copies of each of his DD Forms 214, an appointment memorandum, and a DA Form 71.  He provides a GWOTEM award listing showing he was awarded the GWOTEM in Orders 079-467.  A review of iPERMS failed to reveal a copy of the orders.

8.  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 standardized policy for preparation of the DD Form 214 and 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.  Instructions for completion of item 12 (Record of Service), item 13, and item 18 are as follows:

	a.  Item 12a:  Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.

	b.  Item 12b:  Enter the beginning date of the period of active duty covered by the DD Form 214.

	c.  Item 12c:  Enter the amount of service performed during this period, computed by subtracting item 12a from item 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration of the term of service, if any, are deducted.

	d.  Item 12d:  From previously-issued DD Forms 214, enter the total amount of prior active military service, less lost time, if any.  If not applicable, enter "00  00  00."

	e.  Item 12e:  From previously-issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief (ERB/ORB), enter the total amount of prior inactive service, less lost time, if any.

	f.  Item 12f:  From the ERB/ORB, enter the total amount of foreign service completed during the period covered in item 12c.

	g.  Item 13:  Decorations, medals, badges, citations, and campaign ribbons will be entered from information recorded on the ERB/ORB.

	h.  Item 18:  Use this block for Department of the Army Headquarters mandatory requirements when a separate block is not available and as a continuation for other entries.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

	i.  Item 23:  Enter the appropriate term.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 States of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet one of several other criteria.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  Based on the available evidence, there are errors and omissions on his DD Form 214 for the period ending 4 August 2003 which should now be corrected.

3.  Although he is requesting that his date of separation be corrected to show he was separated on 6 June 2003, according to his MMPA he received active duty pay until he was discharged on 4 August 2003, to accept an appointment as a warrant officer.  There appears to have been no break in active service prior to the date he was discharged.

4.  In view of the foregoing, the applicant's DD Form 214 for the period ending 4 August 2003 should be corrected as recommended below.

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 amending his DD Form 214 for the period ending 4 August 2003 as follows:

* item 12a – 1997  01  26
* item 12c – 0006  06  10
* item 12d – 0001  11  27
* item 12e – 0002  09  21
* item 12f  – 0000  01  28

* item 13 –

* adding GWOTEM
* adding GWOTSM

* item 18 –

* deleting "RELEASE FROM ADT AND DISCHARGE FROM THE RESERVE OF ARMY AND RETURN TO ARNG"
* adding "SERVICE IN KUWAIT FROM 20030323-20030520"

* item 23 –

* deleting "SEE BLOCK 18"
* adding "DISCHARGED"

2.  The Board further determined 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 item 12b of his DD Form 214 for the period ending 4 August 2003 to show his separation date as 6 June 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)                                         AR20130000779



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