IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130003654 


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 items 12c (Net Active Service This Period) and 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 6 March 2004, to show his correct net service time and all of his awards.

2.  The applicant states his DD Form 214 is missing some awards and his length of duty is wrong.  He has all of his leave and earnings statements (LES) from the years 1998 to 2004.  He just wants an updated DD Form 214 with the correct time in service and all awards on it.

3.  The applicant provides:

* 1982 DD Forms 1966/1 (Application for Enlistment – Armed Forces of the United States) and 1966/7 and 1966/8 (certificate and recertification portion of his enlistment contract)
* 1982 DD Form 214
* 1985 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* 1997 NGB Form 22A (Correction to NGB Form 22)
* 1997 DA Form 4187 (Personnel Action)
* February 1999 LES
* 2003 Enlistment /Reenlistment Document
* 2004 DD Form 214
* May 2004 LES
* 2009 DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty)

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 Florida Army National Guard (FLARNG) on 6 May 1982.  He entered active duty for training (ADT) on 6 December 1982.  He completed training and he was awarded military occupational specialty (MOS) 05B (radio operator).  He was honorably released from AD (REFRAD) on 6 April 1983.  His DD Form 214 shows he was credited with completing 4 months and 1 day of net active service and lists the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle Bar.

3.  He was honorably discharged from the FLARNG on 18 July 1983 by reason of change of residence.  He enlisted in the New Jersey ARNG (NJARNG) on 19 July 1983.  He was discharged from the NJARNG on 8 January 1985 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

4.  He was issued an NGB Form 22A, dated 20 February 1997, correcting his record of service, MOS, awards, and remarks sections on his NGB Form 22 for the period ending 8 January 1985.

5.  He again enlisted in the NJARNG, on 27 September 1996.

6.  He provides a copy of his LES for 19 February 1999 he received for inactive duty training on 6 February 1999. 

7.  He was discharged from the NJARNG on 26 September 2002.

8.  He enlisted in the NJARNG on 6 February 2003.  He entered AD on 7 February 2003 in support of Operation Enduring Freedom.  

9.  He was honorably REFRAD on 6 March 2004.  His DD Form 214 shows in items:

* 12a (Date entered AD This Period) – 7 February 2003
* 12b (Separation Date This Period) – 6 March 2004
* 12c – 1 year and 1 month
* 12d (Total Prior Active Service) – 4 months and 1 day
* 12e (Total Prior Inactive Service) – 12 years, 10 months, and 9 days
* 13 – the following awards –

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

* 18 (Remarks) – the entries, Ordered to AD in Support of Operation Enduring Freedom/Iraqi Freedom and Service in Iraq from 10 March 2003 to 30 October 2003
* 29 (Date of Time Lost During This Period) – the entry, "None"

10.  He also provides a copy of his LES for 5 May 2004.

11.  He was discharged from the NJARNG on 31 March 2005.

12.  On 19 June 2008, in response to his application, the ABCMR recommended his 2004 DD Form 214 be corrected to show award of the Army Good Conduct Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  

13.  On 7 January 2009, a DD Form 215 was issued to him showing the addition of the Army Good Conduct Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.

14.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation specifies the following in items:

* 12a will list the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* 12b will list the Soldier's transition date
* 12c will list the amount of service this period, computed by subtracting item 12a from 12b, less lost time
* 12d will list the total prior active service from previously issued DD Forms 214
* 12e will list the total prior inactive service, less lost time, from previously issued DD Forms 214 or the Enlisted Record Brief
* 13 will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22

15.  Army Regulation 635-5, paragraph 2-7 also states that once a DD Form 214 has been issued, do not reissue except for the following reasons:

	a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  when it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would required issuance or more than two DD Forms 215; and

	c.  When two DD Form 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered on AD on 7 February 2003 in support of Operation Enduring Freedom.  He served in Iraq from 10 March 2003 to 30 October 2003.  He was honorably REFRAD on 6 March 2004.  Calculation of this period of active duty shows he was properly credited with 1 year and 1 month of net active service this period in item 12c of his DD Form 214.  There is no evidence of record and he did not provide sufficient evidence to show the total of net active service shown in item 12c of his DD Form 214 for the period ending 6 March 2004 is incorrect.  Therefore, he is not entitled to correction of this item on his 2004 DD Form 214.

2.  On 7 January 2009, a DD Form 215 was issued correcting his 2004 DD Form 214 to show award of the Army Good Conduct Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  There is no evidence of record and he did not provide sufficient evidence to show his entitlement to any additional awards.  Therefore, he is not entitled to correction of item 13 of his 2004 DD Form 214 to show any additional awards and the issuance of a new 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 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)                                         AR20130003654



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ABCMR Record of Proceedings (cont)                                         AR20130003654



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