BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021042 


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 3 March 2004 to show:

	a.  award of the Driver and Mechanic Badge with Driver-W Bar, Army Reserve Components Achievement Medal (ARCAM), and Virginia National Guard Emergency Service Ribbon; and

	b.  his inactive duty training dates (18 May 1999 through 17 June 1999, 21 June 1999 through 9 July 1999, and 3 September 2003 to 20 September 2003).

2.  The applicant states:

* his most recent DD Form 214 does not reflect the above-mentioned awards or inactive duty training dates
* he believes the mistake was an honest one
* while at Fort Bragg, the National Guard unit he was with was brand new to him
* he transferred in from another unit 3 days before their deployment so they did not have all his records

3.  The applicant provides:

* annual training (AT), active duty for training (ADT), and active duty for special work (ADSW) orders
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 12 July 2002
* Ordnance Center and Schools diploma
* DD Form 214 for the period ending 3 March 2004

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 Virginia Army National Guard (VAARNG) on 30 June 1997.  He served as a light wheeled vehicle mechanic.  On 12 July 2002, he was discharged under honorable conditions (general) for unsatisfactory participation.

3.  His NGB Form 22 for the period ending 12 July 2002 shows he was awarded or authorized the:

* Army Service Ribbon (ASR)
* Driver and Mechanic Badge with Driver-W Bar
* ARCAM
* Virginia National Guard Emergency Service Ribbon

4.  He enlisted in the West Virginia ARNG (WVARNG) on 20 October 2002.  He was ordered to active duty in support of Operation Iraqi Freedom on 1 October 2003.  On 3 March 2004, he was honorably separated for personality disorder.

5.  Item 12e (Total Prior Inactive Service) of his DD Form 214 for the period ending 3 March 2004 shows he completed 5 years, 9 months, and 16 days of prior inactive service.  This DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal (NDSM)
* Armed Forces Reserve Medal (AFRM) with "M" Device
* ASR

6.  He was honorably discharged from the WVARNG on 7 September 2004 for being medically unfit for retention.  His NGB Form 22 for the period ending 7 September 2004 shows he was awarded or authorized the:

* ASR
* Driver and Mechanic Badge
* ARCAM
* West Virginia Emergency Service Ribbon
* NDSM
* AFRM with "M" Device
* West Virginia Service Ribbon
* West Virginia State Service Ribbon

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and established standardized policy for preparation of the DD Form 214.  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.  For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's NGB Form 22 for the period ending 12 July 2002, which shows he was awarded the Driver and Mechanic Badge with Driver-W Bar and the ARCAM, is accepted as sufficient evidence on which to base adding these awards to his DD Form 214 for the period ending 3 March 2004.

2.  Since ARNG awards are not authorized in Army Regulation 600-8-22, these awards are not authorized for entry on the DD Form 214.  Therefore, there is no basis for granting his request to add the Virginia National Guard Emergency Service Ribbon to this DD Form 214

3.  His request to amend his DD Form 214 for the period ending 3 March 2004 to reflect his inactive duty training dates (18 May 1999 to 17 June 1999, 21 June 1999 to 9 July 1999, and 3 September 2003 to 20 September 2003) was noted.  However, it appears these dates are properly credited in item 12e of this DD Form 214.  Therefore, there is no basis for granting this portion of his request.

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 Driver and Mechanic Badge with Driver-W Bar and ARCAM to his DD Form 214 for the period ending 3 March 2004.

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 adding the Virginia National Guard Emergency Service Ribbon or his inactive duty training dates to his DD Form 214 for the period ending 3 March 2004.





      __________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)                                         AR20130021042



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ABCMR Record of Proceedings (cont)                                         AR20130021042



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