IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016889
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 training and awards.
2. The applicant states he was told he would never see his training and awards entered on his DD Form 214 due to the timing of his discharge.
3. The applicant provides a copy of his Enlisted Record Brief (ERB), dated 5 September 2002.
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. On 12 February 2002, the applicant enlisted in the Regular Army. He was assigned to Fort Jackson, SC, for initial entry training.
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows:
a. in item 9 (Awards, Decorations and Campaigns), he was authorized the Army Service Ribbon; and
b. in item 17 (Civilian Education and Military Schools), he completed the
11-week military occupational specialty 63B (Wheeled Vehicle Mechanic) course in 2002.
4. Item E1 (Award Category/Number Granted) of the applicant's ERB, dated 5 September 2002, shows the National Defense Service Medal (1st Award).
5. The applicant's DD Form 214 shows he was discharged on 25 September 2002 due to unsatisfactory performance. His service was characterized as under honorable conditions (general). His DD Form 214 also shows:
a. in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), none; and
b. in item 14 (Military Education), none.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal is awarded for honorable active service for any period between 11 September 2001 and a date to be determined.
b. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of initial entry training.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. 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.
a. All medals, ribbons and badges awarded or authorized are entered in item 13.
b. Full time, formal, in-service courses listed in the Soldier's records that were successfully completed during the period of service covered by the DD Form 214 is entered in item 14. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his military training and awards.
2. The available evidence of record shows:
a. He completed his initial entry training; thus, he qualified for award of the Army Service Ribbon.
b. He completed the 11-week Wheeled Vehicle Mechanic Course in 2002.
3. Although his active duty service upon discharge was characterized as general under honorable conditions, his ERB contains an entry indicating he was authorized award of the National Defense Service Medal. Therefore, it must be presumed that he had a minimum of 1 day of honorable service to qualify for this medal.
4. In view of the above, the applicant's DD Form 214 should be corrected to show award of the National Defense Service Medal and Army Service Ribbon and completion of the 11-week Wheeled Vehicle Mechanic Course in 2002.
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:
a. adding award of the National Defense Service Medal and Army Service Ribbon to his DD Form 214 and
b. adding completion of the 11-week Wheeled Vehicle Mechanic Course in 2002 to his DD Form 214.
__________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) AR20130016889
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ABCMR Record of Proceedings (cont) AR20130016889
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