BOARD DATE:	 29 October 2013 

		DOCKET NUMBER:  AR20130004102


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) to show:

* his military occupational specialty (MOS) as 21K (Plumber) in item 11 (Primary Specialty)
* he was awarded the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and Global War on Terrorism Service Medal (GWOTSM) in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* his completion of training in item 18 (Remarks)

2.  The applicant states he completed MOS training Course J8ABR3E431 20AB at Sheppard Air Force Base, TX, on 11 June 2007.  He has been performing in this MOS since his assignment to his unit and he has been unable to receive his enlistment incentives.

3.  The applicant provides:

* DD Form 214
* Army Training Requirements and Resource System (ATRRS) printout

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 show he enlisted in the U.S. Army Reserve (USAR) on 26 May 2006 for a period of 8 years.  On 8 June 2006, he was ordered to initial active duty for training (IADT) in MOS 25U (Signal Support Systems Specialist).

3.  His Army Military Human Resource Record contains a Reserve Component Senior Liaison Noncommissioned Officer memorandum, dated 29 June 2007, showing a request for orders was initiated to release the applicant from IADT effective 2 July 2007 based on his inability to complete training requirements due to his recurring medical issues.  It shows the applicant was assigned to Company D, 169th Engineer Battalion, Sheppard Air Force Base, at that time.

4.  On 2 July 2007, the applicant was honorably released from IADT.  His DD Form 214 for this period shows he completed 1 year and 25 days of creditable active duty service.  Items 11 and 13 both contain the entry "NONE//NOTHING FOLLOWS."

5.  Item 18 of his DD Form 214 shows the applicant was released from IADT.  It also shows he was a State recall non-advanced individual training (AIT) graduate.

6.  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.  It 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.  It states for:

* item 11, enter the primary MOS code number, title, and years and months in the specialty
* item 13, enter all decorations, service medals, campaign credits, and badges awarded or authorized
* item 14 (Military Education), from the Enlisted Record Brief/Officer Record Brief, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214
* item 18, use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries in items 11, 13, and 14

7.  The applicant provides a copy of his ATRRS report, dated 11 January 2013, which includes a list of at least ten course reservations; however; it does not include any information to show if he attended or successfully completed any of these courses.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, combat and special skill badges, and similar devices awarded in recognition of accomplishments.

	a.  Paragraph 2-10 provides guidance for award of the NDSM.  The NDSM is awarded for honorable active service for any period from 11 September 2001 to a date to be determined.  It also stipulates that members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program are not eligible for this award.

	b.  Paragraph 2-19 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations who are not deployed abroad in support of Operation Enduring Freedom/Iraqi Freedom in specifically designated areas.  

	c.  Paragraph 5-5 provides guidance for award of the ASR.  The ASR is awarded upon successful completion of initial entry training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11, item 13, and item 18 of his DD Form 214 should be corrected.  However, there is insufficient evidence to support this claim.

2.  The evidence of record shows the applicant was unable to complete MOS training due to recurring medical issues as indicated in the Reserve Component Senior Liaison Noncommissioned Officer memorandum, dated 29 June 2007.  Item 18 of his DD Form 214 for the period ending 2 July 2007 confirms that he was a non-AIT graduate.  In addition, the ATRRS report he provides fails to confirm his completion of any MOS courses.  As a result, the "NONE" entry in item 11 of his DD Form 214 is determined to be correct.

3.  The evidence of record further confirms the applicant was ordered to IADT for the purpose of basic training and AIT, which he was unable to complete.  Inasmuch as he was ordered to active duty as a member of the USAR for IADT only, he did not participate in Global War on Terrorism operations in a qualifying area of eligibility necessary for award of the GWOTSM.  Further, he did not complete AIT and was not awarded an MOS during the period covered by the DD Form 214.  Accordingly, he does not satisfy the regulatory criteria necessary for award of the NDSM, GWOTSM, or the ASR.

4.  There is an insufficient evidentiary basis to grant the requested relief.

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)                                         AR20130005100



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ABCMR Record of Proceedings (cont)                                         AR20130004102



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