IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018631 


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 the correct place that he entered into active duty and that he was awarded the National Defense Service Medal.

2.  The applicant states his place of entry into active duty was at the Military Entrance Processing Station (MEPS), Springfield, MA; not Wilton, MA.  He also states that his active duty service during the period October 2002 to April 2003 with the 3rd Training Battalion, 1st Special Warfare Training Group (Airborne), Fort Bragg, NC, qualified him for award of the National Defense Service Medal.  He adds, as he continues to serve in the U.S. Armed Forces, these inaccuracies could adversely impact his military career.

3.  The applicant provides copies of his DD Form 214, a printout of the United States MEPS Command webpage, and an extract of the National Defense Service Medal award criteria.

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.  A DD Form 2808 (Report of Medical Examination) completed on 15 March 2002 for the purpose of the applicant's enlistment in the U.S. Army Reserve (USAR) shows, in pertinent part, in item 16 (Name of Examining Location and Address):  "Springfield MEPS, 1550 Main Street, Springfield, MA  01103-1473."

3.  A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), prepared and certified by the applicant and military recruiter on 23 March 2002, in pertinent part, shows the applicant's (then) current address and home of record were recorded as "Wilton, Fairfield [County], Connecticut."  It also shows his enlistment date in the USAR was 23 May 2002 (for a period of 8 years) and that his scheduled active duty service date was 2 October 2002.

4.  The applicant's DD Form 214 shows he was ordered to initial active duty training (IADT) on 2 October 2002, honorably released from IADT on 17 April 2003 based completion of IADT, and transferred to a USAR unit.  He had completed 6 months and 16 days of net active service during this period.  It also shows in –

* item 7a (Place of Entry into Active Duty):  "Wilton, MA  [emphasis added]"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

* item 25 (Separation Authority) with continuation in item 18 (Remarks):  "Self-terminating orders, Orders Number 106-11, dated 23 May 2002, amended by Orders Number 196-4, dated 2 October 2002"

5.  A review of the applicant's Official Military Personnel File failed to reveal a copy of the self-terminating orders that ordered him to IADT.

6.  The applicant was honorably discharged from the USAR on 25 May 2006.

7.  He enlisted in the Army National Guard (ARNG) of the United States and California ARNG on 28 June 2008 and he is currently serving in the ARNG.
8.  In support of his application he provides, in pertinent part, a printout of the United States MEPS Command webpage that shows the MEPS, Springfield, MA test sites and operating hours.

9.  In the processing of his request, a member of the ABCMR staff contacted the applicant and provided him with information from his records and requested clarification of his request pertaining to the place he entered into active duty.  In response, he indicated that he agreed the entry "Wilton, MA" should be replaced with "Wilton, CT."

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Executive Order 12776 extended award of the National Defense Service Medal to all members of the ARNG and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995 and 11 September 2001 and a date to be determined.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214 and specified for –
	
* item 7a, that the Soldier's initial enlistment contract or appointment document is the source for this data; enter the city and state where the Soldier entered active duty
* item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; each entry must be verified by the Soldier's records

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the place he entered into active duty was Springfield, MA, and that he was awarded the National Defense Service Medal.

2.  The evidence of record shows the applicant's medical examination for entry into military service was conducted at the MEPS, Springfield, MA, on 15 March 2002.
3.  Records show he enlisted in the USAR on 23 May 2002.  At that time, his current residence and home of record were both recorded as, in pertinent part, 
"Wilton, CT."

   a.  He was ordered to IADT on 2 October 2002; however, a copy of the orders is not available for review.

   b.  There is no evidence of record that shows the applicant entered active duty at Springfield, MA.  Thus, he is not entitled to correction of item 7a of his 
DD Form 214 to show Springfield, MA.

   c.  It is reasonable to conclude that the applicant was ordered to IADT at his (then current) place of residence (i.e., Wilton, CT; vice Wilton, MA).  In addition, the applicant confirmed "Wilton, CT" was the correct location. 

   d.  Thus, it would be appropriate to correct item 7a of his DD Form 214 to show "Wilton, CT."

4.  Records show the applicant served on active duty during the period 2 October 2002 through 17 April 2003 and it also appears he was in good standing during his service in the Selected Reserve.  Evidence indicates he was authorized the National Defense Service Medal and therefore it would be appropriate to add this medal to his DD Form 214 for the period ending 17 April 2003.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the current entry from item 7a of his DD Form 214 and adding the entry "Wilton, CT" and

	b. adding the National Defense Service Medal to item 13 of 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)                                         AR20140018631



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ABCMR Record of Proceedings (cont)                                         AR20140018631



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