BOARD DATE:	  7 May 2014

		DOCKET NUMBER:  AR20130013828 


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 his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show:

* his rank/pay grade as specialist (SPC)/E-4
* his military education
* additional awards
* his active duty entrance date as April 2006
* overseas service in Iraq and Afghanistan

2.  He states the above corrections should be a matter of record.

3.  He provides no documentary evidence in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  On 13 May 2008, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Enlistment Program (DEP) with no prior service.  On 21 May 2008, he was discharged from the USAR DEP, and he enlisted in the Regular Army (RA) in pay grade E-2.  

2.  His record shows he completed initial entry training (IET), and he was awarded military occupational specialty (MOS) 11B (Infantryman).  After completing IET, he was assigned to duty at Fort Hood, TX.

3.  A DA Form 4187 (Personnel Action), dated 20 January 2009, changed his duty status from present for duty to absent without leave (AWOL).  A second DA Form 4187, dated 19 February 2009, changed his duty status from AWOL to dropped from the rolls.  

4.  A DD Form 616 (Report of Return of Absentee), dated 21 February 2012, shows he was apprehended by civil authorities and returned to military control on 21 February 2012.  

5.  An Enlisted Record Brief, dated 11 September 2012, shows in:

* Section I (Assignment Information) – no entries indicating overseas/deployment combat duty
* Section III (Service Data) – 

* 1,121 days lost
* his date of rank for private/E-1 was 26 November 2008

* Section VI (Military Education) – no entries
* Section VIII (Awards and Decorations) – no entries

6.  On 14 September 2012, the Commander, Headquarters, 1st Brigade Combat Team, Fort Hood, TX, approved the applicant's separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c for commission of a serious offense, and directed his service be characterized as general, under honorable conditions.

7.  On 24 September 2012, he was discharged as directed after completing 1 year and 18 days of net active service this period.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* item 4a (Grade, Rate, or Rank) – "PV1"
* item 4b (Pay Grade) – "E01"
* item 12a (Date Entered Active Duty This Period) – "2008  05  22"
* item 12f (Foreign Service) – "0000  00  00"
* item 12i (Effective Date of Pay Grade) – "2008  11  26"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Army Service Ribbon


* item 14 (Military Education) – "NONE"
* item 29 (Dates of Time Lost during this Period) – as shown in item 18 (Remarks), time lost as follows:

* 1 October to 6 November 2008
* 20 January 2009 to 25 March 2012
* 14 to 16 May 2012

8.  His records are void of documentation showing he:

* served on active duty prior to 22 May 2008
* was advanced to SPC/E-4
* served in Iraq or Afghanistan
* received any awards or decorations other than those shown on his DD Form 214
* completed any military education beyond IET

9.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

10.  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 the preparation of the DD Form 214, and it provides instructions for completing each item on the DD Form 214.  For item 14, from the Enlisted Record Brief, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The available records are void of evidence indicating the applicant was advanced to SPC/E-4.  He enlisted in the RA in pay grade E-2; however, the record shows he was reduced to pay grade E-1 shortly after his first period of time lost.  Based on his lengthy period of AWOL, it is reasonable to presume there was no basis for advancing his rank during the remainder of his service. 

2.  His records are void of documentation indicating he completed any military education beyond IET.  Because his IET for MOS 11B consisted of training courses for combat skills, this training was not entered in item 14 of his DD Form 214.  There is no error in the absence of military education on his DD Form 214.  

3.  His service qualified him for award of the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His DD Form 214 correctly shows he entered active duty on 22 May 2008.  There is no evidence that would serve as a basis for changing this entry. 

5.  The available records are void of evidence indicating he served in Iraq or Afghanistan.  Therefore, there is no basis upon which to correct his record to show such service.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the GWOTSM to his DD Form 214.
   
   
   
   
   
   
   
   
2.  The Board further determined 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 rank/pay grade, military education, active duty entrance date, or overseas service in Iraq and Afghanistan.



      _______ _  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)                                         AR20130013828



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ABCMR Record of Proceedings (cont)                                         AR20130013828



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