IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130022314 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade of SPC/E-4 and that his awards of the Global War on Terrorism Service Medal (GWOTSM), Army Good Conduct Medal (AGCM) and Illinois Military Attendance Ribbon be added. 

2.  The applicant states his DD Form 214 should reflect his rank as SPC/E4 and his awards of the GWOTSM, AGCM and Illinois Military Attendance Ribbon.

3.  The applicant provides copies of his DD Form 214, DA Form 4187 (Personnel Action), an excerpt from Army Regulation 600-8-22, and Military Personnel (MILPER) Message Number 09-067.

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 Illinois Army National Guard (ILARNG) on           9 October 2009 for a period of 8 years under the split-training enlistment option. 

3.  On 16 June 2011, he was ordered to active duty training at Fort Gordon, Georgia to undergo his advanced individual training.  

4.  Meanwhile, his unit advanced him to the rank and pay grade of SPC/E-4 effective 27 February 2012.

5.  On 17 February 2012, a Physical Evaluation Board (PEB) determined that the applicant had unfitting conditions that warranted a disability rating of 30% and recommended that he be retired by reason of permanent disability.

6.  There is no evidence in the available records to show that a grade determination was made in his case; however, the advancement instrument to the pay grade of E04 is contained in his Official Military Personnel File (OMPF).

7.  On 11 April 2012, he was honorably retired in the rank and pay grade of PFC E-3 due to permanent disability.  He had served 9 months and 26 days of active service during his current period of active duty and his DD Form 214 issued at the time of his retirement shows he was awarded the National Defense Service Medal and Army Service Ribbon.

8.  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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  

9.  Department of Defense Instruction (DoDI) 1348.33, change 1, dated
23 November 2010, implements the policies and procedures for the DoD Military Award Program.  It states the GWOTSM was established for those service members who serve in support of operations to combat terrorism.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or served in support of designated operations for 30 consecutive or 60 non-consecutive days of active duty, or meet one of the following criteria:

		(1)  Was engaged in actual combat, regardless of time in the operation.
		(2)  While participating in the designated operation, regardless of time, was killed, wounded, or injured requiring medical evacuation from the operation.

10.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing “active Federal military service” and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  

11.  Army Regulation 635-5 (Separation Documents) in effect at the time stated to list awards and decorations for all periods of service as specified in Army Regulation 600-8-22.   Individual State awards are not contained in that regulation and are not entered on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was advanced to the rank and pay grade of E-4 prior to being retired by reason of permanent disability and should have been retired in the rank and pay grade of E-4.  Likewise, his DD Form 214 should be corrected to show his rank and pay grade of E-4 effective 27 February 2012, with entitlement to all back pay and allowances that flow from that change, if applicable.

2.  The applicant’s contention that his DD Form 214 should reflect the award of the GWOTSM has been noted.  Soldiers serving on active duty primarily for training in Initial Entry Training (IET) or Basic Training (BT), Advanced Individual Training (AIT), and/or for Annual Training (AT), Officer training courses, Warrant Officer training courses, and/or any training not in direct support of the GWOT operations are not authorized award of the GWOTSM.

3.  The applicant’s contention that the award of the AGCM should be added to his DD Form 214 has also been noted.  The applicant was ordered to active duty training to complete his AIT and thus was not eligible for award of the AGCM.

4.  Additionally, although the applicant has not provided evidence to show he was awarded the Illinois Military Attendance Ribbon, individual State awards are not authorized for entry on the DD Form 214.


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:

* Deleting the entry “PFC” from item 4a of his DD Form 214
* Deleting the entry “E03” from item 4b of his DD Form 214
* Deleting the entry “2011  02  22” from item 12i of his DD Form 214
* Entering the entry “SPC” in item 4a of his DD Form 214
* Entering the entry “E04” in item 4b of his DD Form 214
* Entering the entry “2012  02  27” in item 12i of his DD Form 214
* Showing he was retired in the rank/grade of SPC/E4

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 adding awards of the GWOTSM, AGCM, and Illinois Military Attendance Ribbon 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)                                         AR20130022314





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ABCMR Record of Proceedings (cont)                                         AR20130022314



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