IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009355 


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

	a.  He was awarded the:

* Combat Action Badge (CAB)
* Army Commendation Medal (ARCOM) (2nd Award)
* Army Achievement Medal (AAM)
* North Atlantic Treaty Organization (NATO) Medal

	b.  He completed the following training:

* Persistent Surveillance Systems Familiarization Training
* Tactical First Responder Medical Training
* Pre-Mission Lone Star Course

	c.  The addition of an appropriate entry in Item 27 (Reentry Code).

2.  The applicant states it took him several years to accumulate the documents he has attached.  He is requesting the correction because he plans to reenlist.

3.  The applicant provides:

* 2 DD Forms 214
* Permanent Orders (PO)
* 2 DA Forms 638 (Recommendation for Award)
* NATO Medal Certificate
* 3 Certificates of Training

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 Texas Army National Guard (TXARNG) on 12 May 2004 and, after completing initial training, was awarded military occupational specialty 13B (Cannon Crewmember).  The highest rank/grade held was corporal/E-4.

3.  He was mobilized on 14 May 2007 in support of Operation Iraqi Freedom and deployed to Iraq for the period 13 September 2007 through 7 May 2008.  

4.  He was honorably released from active duty on 31 May 2008 and transferred to the TXARNG.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows he was awarded or authorized the following:

* ARCOM
* AAM
* Army Good Conduct Medal 
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Driver and Mechanic Badge with Driver-Wheeled Vehicles Clasp
5.  He was mobilized again on 30 December 2008 in support of Operation Enduring Freedom and deployed to Afghanistan for the period 28 January 2009 through 20 November 2009.  

6.  He was honorably released from active duty on 21 January 2010.  His         DD Form 214 for this period of active duty shows in:

	a.  Item 13, the following in addition to what was shown on his previous      DD Form 214 – 

* Afghanistan Campaign Medal with campaign star
* Iraq Campaign Medal with campaign star

	b.  Item 14 (Military Education) – "None."

	c.  Item 27 (Reentry Code) – "Not Applicable (NA)."

7.  The applicant provides:

	a.  PO Number 276-007, Headquarters, Task Force Thunder, dated 3 October 2009, showing he was awarded the CAB for the period 9 July 2009.

	b.  NATO Medal Certificate for the period 27 January 2009 through 24 November 2009.

	c.  DA Form 638, annotated as PO Number 228-027, Headquarters, Task Force Thunder, dated 16 August 2009, showing he was awarded the ARCOM (2nd Award).

	d.  DA Form 638, annotated as PO Number 283-04, Headquarters, Task Force DeGuello, dated 29 October 2009, showing he was awarded the AAM.

	e.  Department of the Army (DA) Certificate of Training for successful completion of Persistent Surveillance Systems Familiarization Training during the period 16 August 2008 through 23 August 2008 for a total of 40 hours.

	f.  Certificate of Graduation, dated 12 October 2008, for successful completion of a 6-week Pre-Mission Lone Star Course.

	g.  Certificate, dated 1 October 2008, showing the successful completion of 24 hours of course instruction in Tactical First Responders Medical Training.

8.  Army Regulation 635-8 (Separation Processing and Documents) provides guidance for the completion of the DD Form 214.  It states, in part:

	a.  All awards and decorations for all periods of service should be listed in priority sequence.  Each entry will be verified by the Soldier's records.  

	b.  Military education will be taken from the Enlisted Record Brief and will show all formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 with a duration of at least 1 week or 40 hours.  Include title, length in weeks, and year completed.  

	c.  Reentry codes are not applicable for Reserve Component Soldiers being separated for other than cause.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides PO for three awards, the CAB, ARCOM (2nd Award), and the AAM.  These awards are not reflected in the Soldier's Official Military Personnel File (OMPF) and are not shown on the DD Form 214 for the period of service for which they were given.  They should therefore be added to the OMPF and the DD Form 214 with one additional note.  The applicant's DD Form 214, for the period ending 31 May 2008, shows he received an AAM.  The AAM awarded on PO Number 283-04, dated 29 October 2009, was clearly awarded after the initial AAM and should therefore be shown as a 2nd award on the DD Form 214 for the period ending 21 January 2010.

2.  Army Regulation 635-8 requires all formal in-service training, whose duration is at least 1 week or 40 hours, and completed during the period covered by the DD Form 214, to be reflected on the DD Form 214.  The applicant was on active duty from 14 May 2007 to 31 May 2008 and then again from 25 November 2008 to 21 January 2010.  None of the three training courses were completed during the period covered by either DD Form 214 and therefore would not be entered on either DD Form 214:  

	a.  Persistent Surveillance Systems Familiarization Training took place between 16 August 2008 through 23 August 2008.

	b.  The Tactical First Responders Medical Training was only 24 hours in duration, and the certificate was presented on 1 October 2008.

	c. The Pre-Mission Lone Star Course is shown as having been 6-weeks in duration, and the certificate shows a presentation date of 1 October 2008.

3.  The applicant requests a reentry code be added to his DD Form 214 for the period ending 21 January 2010.  Reentry codes are not applicable for Reserve Component Soldiers being separated for other than cause.  The applicant was not separated for cause; he was released from active duty and transferred to his TXARNG unit.  Therefore, a reentry code would not be appropriate.

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 amending item 13 of the DD Form 214 for the period ending 21 January 2010 to show he was awarded or authorized the Army Commendation (2nd Award), Army Achievement Medal (2nd Award), NATO Medal, and the Combat Action 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 the correction of the applicant's DD Form 214 for the period ending 21 January 2010 to show a reentry code in item 27 or to add Tactical First Responders Medical Training, Persistent Surveillance Systems Familiarization Training or the Pre-Mission Lone Star Course to item 14.




      __________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)                                         AR20140009355





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ABCMR Record of Proceedings (cont)                                         AR20140009355



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