IN THE CASE OF:	  

		BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20130003646 


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 two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show the following awards and training:

* Army Commendation Medal (ARCOM)
* Army Reserve Components Achievement Medal (2nd award)
* National Defense Service Medal
* “Armed Forces Reserve Components Achievement Medal with 10-Year Device (Bronze Hourglass)”
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* “Aircraft Aviation Member Badges”
* Expert Marksmanship Qualification Badge with Rifle Bar
* Military occupational specialty (MOS) training in 11H (Heavy Weapons Anti-Armor Infantry)
* MOS training in 11B (Infantry)
* MOS training in 74D (CBRN Operations Specialist)
* MOS training in 15P (Aviation Operations Specialist)
* Completion of the Warrior Leader Course

2.  The applicant states he tried to get his DD Forms 214 corrected but was told he would first have to wait until he completed another period of active duty service.  He contends that he is leaving the Army National Guard and wants this correction before the expiration of his term of service (ETS).

3.  The applicant provides copies of:

* FB Form 37 (Diploma, Individual Infantry Training), dated 29 October 1998
* DD Form 214 for the period 8 July to 13 November 1998
* DA Form 87 (Certificate of Training), MOS 11H, for the period 2 to 
13 November 1998
* DA Form 87, "TATS" Aviation Operations Specialist, Phase 2, for the period 6 July to 5 August 2009
* DA Form 1059 (Service School Academic Evaluation Report), Flight Operations Course (15P), dated 5 August 2009
* DD Form 214 for the period 28 June to 30 September 2010
* DA Form 1059, Warrior Leader Course, dated 19 February 2011
* Diploma, Warrior Leader Course, dated 19 February 2011
* DA Form 4980 (Certificate for the Army Commendation Medal) for the period 23 January 2009 to 20 April 2011
* FLW Form 1572 (Diploma, Chemical, Biological, Radiological and Nuclear (CBRN)) Specialist Course, dated 24 August 2011
* DA Form 638 (Recommendation for Award) approved 25 May 2011
* DA Form 1059, CBRN Operations Specialist Course, dated 3 August 2011


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 24 October 1997, the applicant enlisted in the Army National Guard (ARNG).

3.  On 8 July 1998, the applicant began his active duty training (ADT).  He completed his initial training and was awarded MOS 11H.  On 13 November 1998, he was released from ADT.

4.  The applicant's DD Form 214 ending on 13 November 1998 shows completion of the following training and awards:

* 11B, 13 weeks training in 1998
* 11H, 2 weeks training in 1998
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  During the period 2 January 2005 to 24 October 2006, the applicant was assigned to the USAR Control Group (Reinforcement), after which he was apparently discharged.

6.  On 3 June 2008, the applicant was enlisted in the ARNG.

7.  On 28 June 2010, the applicant was ordered to full time ARNG duty.  He completed his required active duty service and was released from active duty on 30 September 2010.

8.  His DD Form 214 ending on 30 September 2010 shows no military training and completion of the following awards:

* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with 10-Year Device - Bronze Hourglass

9.  The applicant's documentary evidence shows the following:

	a.  The applicant's FB Form 37 indicates that he completed the Individual Infantry Training Course Number 38-98 in October 1998.  This training is reflected on his DD Form 214 ending on 13 November 1998.

	b.  The applicant's DA Form 87 given at Fort Benning, GA indicates that he completed training in MOS 11H in November 1998.  This training is reflected on his DD Form 214 ending on 13 November 1998.

	c.  The applicant's DA Form 87 and corresponding DA Form 1059, dated 
5 August 2009, indicate that he completed the "TATS Aviation Operations Specialist Phase 2 in August 2009.  During this training, he was not on active duty.

	d.  The applicant's DA Form 1059 and corresponding diploma dated 
19 February 2011 indicate that he completed the Warrior Leader Course.  During this training, he was not on active duty.

	e.  The applicant's certificate for award of the ARCOM and the corresponding DA Form 638 indicate that this award was presented for his service from 
23 January 2009 to 20 April 2011.  At the time of its approval, the applicant was not on active duty.

	f.  The applicant's DA Form 1059 and corresponding diploma dated 
24 August 2011 indicate that he completed the CBRN Specialist Course.  During this training, he was not on active duty.

12.  Army Regulation 635-5 (Separation Documents) provide detailed instructions for completing separation documents, including the DD Form 214.  It states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It further required:

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): List items for all periods of service.

	b.  Item 14 (Military Education):  List formal in-service (full-time attendance) training courses successfully completed during the period of service covered.  List course title, length in weeks, and the month and year of completion.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his two DD Forms 214 should be corrected to show the following awards and training:

* ARCOM
* Army Reserve Components Achievement Medal (2nd award)
* National Defense Service Medal
* “Armed Forces Reserve Components Achievement Medal with 10-Year Device (Bronze Hourglass)”
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* “Aircraft Aviation Member Badges”
* Expert Marksmanship Qualification Badge with Rifle Bar
* MOS training in 11H 
* MOS 11B 
* MOS 74D 
* MOS 15P 
* Warrior Leader Course

2.  The applicant's request to show the following awards and decorations on his latest DD Form 214 should be denied for the reasons indicated:

	a.  ARCOM: Approved after his latest period of active duty.

	b.  Army Reserve Components Achievement Medal (2nd award); National Defense Service Medal; “Armed Forces Reserve Component Achievement Medal” (i.e., Armed Forces Reserved Medal) with 10-Year Device (Bronze Hourglass); and Army Service Ribbon: Currently shown on his latest DD Form 214.

3.  The applicant's contention that he is authorized “Aircraft Aviation Member Badges” and the Expert Marksmanship Qualification Badge with Rifle Bar is not supported by any available evidence of record.  Therefore, these badges should not be shown on his DD Form 214.

4.  The applicant contends that the Noncommissioned Officer Professional Development Ribbon should be shown on his DD Form 214.  However, he did not complete the qualifying Warrior Leader Course until after his latest period of active duty.  Therefore, this ribbon and training should not be shown on his DD Form 214.

5.  The applicant's training in MOS 11B and 11H in 1998 is currently shown on his DD Form 214 ending in 1998.  Therefore, this portion of his request to show this training on his latest DD Form 214 should be denied.

6.  The applicant completed training courses in MOS 74D and 15P after his latest period of active duty.  Therefore, these courses should not be shown on his 
DD Form 214.

7.  In view of the above, the applicant's request should be denied.

8.  The applicant stated he wanted these corrections because he is leaving the ARNG.  He is advised that upon completion of his ARNG service, he should receive a National Guard Bureau Form 22 (Report of Separation and Record of Service) showing all of his awards and training.


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)                                         AR20130003646





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ABCMR Record of Proceedings (cont)                                         AR20130003646



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