IN THE CASE OF:	  

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20130013012 


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 military records by:

	a.  changing his name, dates of service and rank on National Archives (NA) Form 13038 (Certification of Military Service);

	b.  showing on his DD Form 214 ending on 16 April 1982, that he held military occupational specialty (MOS) 51B2O (Carpentry and Masonry Specialist) for 2 years and 6 months; held additional skill identifier (ASI) C2 on his MOS 11B1O (Infantryman); held MOS 11B1O for only 3 years; and was awarded the Army Achievement Medal and the Expert Infantryman Badge (EIB); and

	c.  issuing him a new certificate for award of the EIB in his correct name.

2.  The applicant states he wants these corrections to eliminate the differences when filing medical claims.  He also questions whether he should have received two separate DD Forms 214 based on his 1976 enlistment and his 1979 immediate reenlistment. 

3.  The applicant provides copies of:

* NA Form 13038
* DD Form 214



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 requests correction of his NA Form 13038.  This form is not an Army record.  Therefore, this Board has no jurisdiction to make changes to this document.  A review of the document, when compared to the information contained in the applicant's military record, showed that it properly reflected the data as was then in effect.  Further review of his records failed to show a copy of his DD Form 214 for the same period of service.  If the applicant still believes that the document should be changed, he should address his concerns in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 15 October 1976, shows the applicant enlisted in the U.S. Army Reserve (USAR) using the name he was given at birth.  He enlisted in the Regular Army on 18 October 1976 using the name he was given at birth.

4.  Records show he was awarded MOS 11B1O on 17 February 1977.

5.  A DD Form 4, dated 18 April 1979, shows the applicant reenlisted in the Regular Army using the name that was given him at birth.

6.  Permanent Orders 79-22, 1st Infantry Division, dated 10 September 1979, awarded the applicant the EIB based on his successful completion of the EIB test on 27 July 1979.

7.  Records show that on 1 February 1980, the applicant was awarded primary MOS 51B2O.  MOS 11B2O was designated as his secondary MOS.

8.  On 16 June 1981, the District Court of Christian County, Commonwealth of Kentucky, ordered that the applicant's name be changed to the maiden family name of his wife.  The applicant had requested this court action based on his family disowning him because of his marriage.  A review of the applicant's military records shows that he used the court-directed name consistently after that date.

9.  On 16 April 1982, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period of service shows:

	a.  in Item 11 (Primary specialty number, title and years and months in specialty): 51B2O 2 years and 2 months and 11B1O 4 years and 2 months.

	b.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows:

* Army Service Ribbon
* Good Conduct Medal
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon (1)

10.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the           DD Form 214.  It also states that DD Forms 214 will not be reissued to replace record copies or copies lost by the service member.  If no DD Form 214 is available, a statement of service or transcript of military record will be issued.

	a.  It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Effective 1 October 1979, a DD Form 214 would not be prepared upon discharge for immediate reenlistment.

	b.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 2-1 – Part II (Personnel Qualification Record) are to be entered on the DD Form 214.  This was to cover all periods of service.

	c.  It provided that the MOS codes for enlisted personnel would be entered.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

	a.  showing on his DD Form 214 ending on 16 April 1982, that he held MOS 51B2O for 2 years and 6 months; held ASI C2 on MOS 11B1O; held MOS 11B1O for only 3 years; and was awarded the Army Achievement Medal and the Expert Infantryman Badge (EIB); and

	c.  issuing him a new certificate for award of the EIB in his correct name.

2.  The applicant further contends that these corrections are necessary to eliminate the differences when he files medical claims.  He also questions whether he should have received two separate DD Forms 214 based on his 1976 enlistment and his 1979 immediate reenlistment.

3.  The available evidence of record shows the applicant enlisted in the Regular Army on 18 October 1976, served until 17 April 1979, and then immediately reenlisted on 18 April 1979.  On 16 April 1982, he was released from active duty and transferred to the USAR.  Accordingly, he should have received a DD Form 214, one each period of enlistment.  However, there is no copy in his military records for his first period of service.  Hence, the reason the National Archives issued an NA Form 13038 to show his service data for that first period of service.  Reissue a DD Form 214 for his first period of service is prohibited.

4.  Permanent orders show that the applicant was awarded the EIB in 1979.  At that time, he was using the name given him at birth and was not married.  Accordingly, the documentation concerning this award properly showed that name.  It would not be appropriate to change any of this documentation to reflect the name he began using a few years later.  However, this badge should have been shown on his last DD Form 214.

5.  The available evidence shows the applicant was awarded MOS 51B2O on 
1 February 1980.  He still held this MOS on 16 April 1982.  Therefore, he held the MOS for 2 years and 2 months, as indicated on his DD Form 214.  The skill level of an MOS is immaterial.  Therefore, this portion of his request should be denied.

6.  The available evidence shows the applicant was awarded MOS 11B1O on 
17 February 1977.  He still held this MOS on 16 April 1982.  Therefore, he held 


the MOS for 4 years and 2 months, as indicated on his DD Form 214.  Therefore, this portion of his request should be denied.

7.  There is no available evidence showing that the applicant was ever awarded an ASI in conjunction with his MOS 11B.  Therefore, this portion of his request should be denied.

8.  There are no general orders or other supporting documentation in his military records showing he was awarded the Army Achievement Medal, and the applicant has not provided any supporting documentation or convincing argument to show he was awarded this medal.  Therefore, this portion of his request should be denied.

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 showing, in addition to the awards already-shown on his DD Form 214, that he was awarded the Expert Infantryman Badge.

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 changing his name on any document in his military records dated prior to the court action directing his change of name; showing he was awarded the Army Achievement Medal; showing he was authorized an additional skill identifier in conjunction with his 


infantryman military occupational specialty; or changing the length of time shown on his DD Form 214 for either of his military occupational specialties.



      _______ _  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)                                         AR20130013012





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ABCMR Record of Proceedings (cont)                                         AR20130013012



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