IN THE CASE OF:	  

		BOARD DATE:  23 January 2014

		DOCKET NUMBER:  AR20130008669 


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 23 September 2005 as follows:

* item 11 (Primary Specialty) – to include the years and months in military occupational specialty (MOS) 91Q (Pharmacy Specialist)
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – by deleting the Army Commendation Medal

2.  The applicant states:

	a.  He enlisted in the U.S. Army Reserve (USAR) with assignment to the 7215th Medical Support Unit in February 2002 and was separated on 23 September 2005.

	b.  He does not have orders for the Army Commendation Medal due to his unit's failure to submit orders in 2001 and failure to give him a copy of the orders.

	c.  He has requested these corrections through the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch and the Department of Veterans Affairs (VA) Regional Office in Waco, TX.

	d.  He was incarcerated shortly after his 2005 discharge and he is currently awaiting a new trial since his appeal was granted.  It has been extremely difficult to obtain any type of military records since November 2005 because the State of Texas confiscated all of his personal and personnel records after he was arrested.  According to his most recently appointed attorney, he may never get those records back, including records from the Army National Guard (ARNG).

	e.  He requests assistance in making these corrections because of the injustice he incurred by the State of Texas by using his military career as a basis to say that he is dangerous because of his MOS 91B (Medical Specialist), which is untrue.  He is an emergency medical technician (EMT) by civilian standards and certification.  The prosecutor/assistant attorneys highlighted his military training in a negative aspect during his trial in September 2007.  He was convicted of a capital offense, which temporarily nullified any veterans' entitlements, such as burial rights, because the VA has its own policies concerning criminal offenses and entitlements.

	f.  His capital offense was overturned in July 2010 and he should now be allowed to have his lost entitlements reinstated.  He will send whatever legal records the Board requires because his military benefits and entitlements are equally important to him because the length of his total service was from 1996 to 2005.  If he is able to receive a fair trial this time, he may be able to return as a freed person and he will need the correct information in his records to make the proper adjustment to society.

3.  The applicant provides copies of his DD Forms 214 for the periods ending 22 September 2001, 25 July 2002, and 23 September 2005; mobilization orders; letter from the VA; and letter from HRC.

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 Guam ARNG (GUARNG) on 28 June 1996.  He entered active duty for training (ADT) on 12 November 1996.

3.  He was released from ADT to the control of his ARNG unit on 11 April 1997.  He completed 5 months of active service and was awarded MOS 91B.  Item 11 of his DD Form 214 for this period of service shows the entry "91B1O Medical Specialist, 0 years, 0 months."

4.  He was discharged from the GUARNG on 22 July 1998 and enlisted in the Regular Army on 23 July 1998.  He served in MOS 91B.  He was released from active duty on 22 September 2001 and was transferred to the USAR Control Group (Reinforcement).

5.  His DD Form 214 for this period of service (23 July 1998 to 22 September 2001) shows he completed 3 years, 8 months, and 28 days of net active service. The DD Form 214 provided by the applicant shows he lined through the Army Commendation Medal and initialed the correction.  This form also shows the following entries:

* item 11 – 91B, Medical Specialist, 4 years and 5 months
* item 13 –

* Army Commendation Medal (lined through)
* Army Achievement Medal
* Army Good Conduct Medal
* Kosovo Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* North Atlantic Treaty Organization Medal

* item 14 (Military Education) – Medical Specialist Course, 10 weeks, April 1997; EMT Course, 4 weeks, August 2001

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed the 10-week Medical Specialist Course in 1997.

7.  U.S. Army Reserve Personnel Command, St. Louis, MO, 
Orders C-01-201141, dated 11 January 2002, released him from the USAR Control Group (Reinforcement) and reassigned him to the 7215th Medical Support Unit, Aurora, CO, effective 3 January 2002.

8.  He entered ADT for MOS 91Q at Fort Sam Houston, TX, on 15 March 2002 and he was released from ADT on 25 July 2002.  He completed training and he was awarded MOS 91Q.  His DD Form 214 for this period of service (15 March to 25 July 2002) shows he completed 4 months and 11 days of net active service.  This form also shows the following entries:

* item 11 – 91Q, Pharmacy Specialist, 0 years and 0 months
* item 13 – Army Service Ribbon
* item 14 – Pharmacy Specialist Course, 18 weeks, July 2002

9.  96th Regional Readiness Command, Salt Lake City, UT, 
Orders 04-237-00091, dated 24 August 2004, ordered him to active duty in support of Operation Enduring Freedom as a member of the 7215th Medical Support Unit with a reporting date of 10 September 2004.  The orders show his primary MOS as 91Q.

10.  He entered active duty on 10 September 2004 and he was honorably discharged on 23 September 2005 by reason of "Disability with Severance Pay." 
He completed 1 year and 14 days of net active service.  His DD Form 214 for this period of service (10 September 2004 through 23 September 2005) shows the following entries:

* item 11 – 91Q, Pharmacy Specialist, 0 years and 0 months
* item 13 –

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Kosovo Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Marksman Marksmanship Qualification Badge
* Global War on Terrorism Service Medal

* item 14 – None//Nothing Follows

11.  A letter from the VA, dated 15 February 2013, provided a summary of benefits he currently receives from the VA which include a 20-percent service-connected disability rating.

12.  A letter from the HRC Awards and Decorations Branch, dated 22 March 2013, responded to his requests for the permanent orders announcing his award of the Army Commendation Medal and amendment to item 11 of his DD Form 214 to include the years and months in specialty.  He was advised of the following:

		(1)  Based on a review of the documents submitted, his records located in the integrated Personnel Management Systems database, and information available to their office, the Awards and Decorations Branch was unable to verify his award of the Army Commendation Medal.  They recommended contacting the unit that issued the award or the unit's succeeding archiving unit to locate a copy of that award.

		(2)  Unfortunately, the Awards and Decorations Branch was unable to address his request to amend his DD Form 214 as their office was the proponent for the Army's Awards and Decorations Program and they could not amend, alter, or correct his records in that regard.  The appropriate agency to contact in that regard was the ABCMR which acted on behalf of the Secretary of the Army.  He was provided a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552).

13.  Army Regulation 635-5 (Separation Documents), prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The specific instructions state:

* item 11 – will list the titles of all MOS's awarded and held for at least 1 year during the current period of service and include the number of years and months served for each MOS –

* for the time determination, 16 days or more count as a month
* do not count time in MOS-producing schools

* item 13 – will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards)
* item 14 – will lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and title, length in weeks, and year completed


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 23 September 2005 should be corrected to include the years and months served in MOS 91Q and deletion of the Army Commendation Medal.

2.  With respect to the entry in item 11, the evidence of record shows the applicant was ordered to active duty on 10 September 2004 and he held MOS 91Q during this period.  Although it is unclear what MOS he served in during this period of service, since he was ordered to active duty to serve in this MOS, it is reasonable to presume he did serve in this MOS.  Therefore, item 11 of DD Form 214 for the period ending 23 September 2005 should be corrected to show he served in MOS 91Q for 1 year (the additional 14 days does not count as a whole month since this period is less than 16 days).

3.  In view of his request for deletion of the Army Commendation Medal from his DD Form 214 for the period ending 23 September 2005, he is entitled to its deletion as this award cannot be substantiated at this time.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the existing entry from item 11 of his DD Form 214 for the period ending 23 September 2005 and adding the entry "91Q2O Pharmacy Specialist 1 year 0 months"
* 
deleting award of the Army Commendation Medal from his DD Form 214 for the period ending 23 September 2005



      _______ _  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)                                         AR20130008669



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ABCMR Record of Proceedings (cont)                                         AR20130008669



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