IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130004059 


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) for the period ending on 17 March 2001 in:

* item 12a (Date Entered Active Duty This Period) to show the listed date as "1992  02  05" vice "1994  03  09"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add any awards to which he is entitled

2.  The applicant states his date of entry is incorrect.  He joined the Army on 
5 February 1992.  Additionally, he believes some of his awards were omitted from his DD Form 214.

3.  The applicant provides:

* self-authored statement, dated 21 February 2012
* Certificate for award of the North Atlantic Treaty Organization (NATO) Medal, dated 24 January 1997
* DD Form 2586 (Verification of Military Experience and Training), dated 
1 July 2001
* DD Form 214 for the period ending on 17 March 2001





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 indicate that he enlisted in the California Army National Guard (CAARNG) on 5 February 1992.  Additionally, his record contains a DD Form 214 which shows he later entered active duty on 12 July 1993 and was released from active duty for completion of required active service on 8 October 1993.  Item 13 of his DD Form 214 shows he was awarded or authorized the:

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

3.  His record contains a DD Form 4187 (Personnel Request), dated 16 June 1994, which shows he requested enlistment into the Regular Army.

4.  His record contains two DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which show he enlisted in the Regular Army on 3 August 1994 and reenlisted on 18 March 1997.

5.  Permanent Orders (PO) Number 28-78, issued by Detachment A, 38th Personnel Service Battalion, Kitzingen, Germany, on 28 January 1997 awarded him the Army Good Conduct Medal (1st Award) for the period 9 March 1994 through 8 March 1997.

6.  PO Number 12-1, issued by the 67th Combat Support Hospital, Germany, on 12 January 1998 awarded him the Army Achievement Medal.

7.  He was honorably discharged from active duty on 17 March 2001.  His DD Form 214 shows in item 12a the entry "1994  03  09" and item 13 that he was awarded or authorized the:

* NATO Medal
* Armed Forces Service Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge

8.  He provided a certificate for award of the NATO Medal for the periods 
18 December 1995 through 20 August 1996 and 23 November 1996 through 
14 January 1997.

9.  Army Regulation 635-5 (Separation Documents) states 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.  Paragraph 2-4 (Completing the DD Form 214) states for:

	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 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he enlisted in the CAARNG on 5 February 1992. It is unclear why the date of entry on his DD Form 214 was shown as 
9 March 1994.  Nevertheless, the applicant is requesting the date of entry be shown as 5 February 1992.  Item 12a of the DD Form 214 is used to annotate the date a Soldier entered onto active duty, not the date he initially enlisted in the military.  As such, there is no reason to change the date listed in item 12a of his DD Form 214 for the period ending on 17 March 2001.



2.  His DD Form 214 for the period ending on 8 October 1993 shows he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16) and the Marksman Marksmanship Qualification Badge with Grenade Bar. These badges were not listed on his DD Form 214 for the period ending on 
17 March 2001.  Therefore he is entitled to correction of this form to add these badges.

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 on 17 March 2001 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Grenade Bar.

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 correction of item 12a of his DD Form 214 to show he entered active duty on 5 February 1992.



      _______ _ 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)                                         AR20130004059



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004059



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1