IN THE CASE OF:	  

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140018818 


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 awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his National Guard and Reserve time be added to his time served.  

2.  The applicant states he served the time and should get the credit for it.  He never checked because he believed the Army to be competent and fair.  As he sees it he should get credit.

3.  The applicant provides copies of a DD Form 215 (Correction to 
DD Form 214), an incomplete DD Form 638 (Recommendation for Award), and a U.S. Army Human Resources Command (HRC) Awards and Decorations Branch letter.

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 U.S. Army Reserve (USAR) on 26 November 1990.  The available records do not show any initial active duty for training or military occupational specialty (MOS) training.  His record is void of any active or inactive service or separation orders for this period.

3.  On 25 May 1995, the applicant enlisted in the Regular Army (RA).  His enlistment document does not record any prior active or inactive service.  However, the remarks section states he was released from the USAR in July 1991.

4.  The applicant was released from active duty on 24 May 1998.  His 
DD Form 214 shows –

* advancement to private first class (E-3)
* transfer to the USAR Control Group (Reinforcement) 
* a Reserve Obligation Termination Date of 24 September 2002
* 2 years and 9 months of service in MOS 63W (Wheeled Vehicle Repairman)
* 3 years of net active service this period
* no prior active service
* 7 months and 22 days of prior inactive service
* 7 months and 26 days of foreign service
* award of the Armed Forces Service Medal, Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the NATO Medal

5.  On 11 March 1999, the applicant enlisted in the Army National Guard (ARNG).

6.  A 23 June 2000 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows –

* 1 year, 3 months, and 13 days of net service this period 
* 1 year, 5 months, and 8 days of prior Reserve service
* 3 years of prior active Federal service
* discharge due to unsatisfactory participation
* award of the Armed Forces Service Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, NATO Medal Army Lapel Button, Armed Forces Expeditionary Medal, and the Army Achievement Medal
7.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) appears to have been created after his release from active duty as it reflects principally his ARNG service.  It lists the applicant's awards as the Armed Forces Service Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, NATO Medal, Army Lapel Button, Armed Forces Expeditionary Medal, and the Army Achievement Medal.

8.  The applicant was honorably discharged from the USAR effective 1 October 2002.

9.  A 9 July 2014 DD Form 215 was issued correcting his DD Form 214 to show the Army Achievement Medal and the Armed Forces Expeditionary Medal.

10.  The 9 July 2014 HRC letter shows the applicant's authorized awards as the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Service Medal, Army Service Ribbon, and the Army Lapel Button. 

11.  The applicant's available records include orders for the Army Achievement Medal, an Army Good Conduct Medal, and a Multinational Division Certificate of Appreciation for his service in the former Republic of Yugoslavia from 23 September 1997 through 15 July 1998.

12.  The applicant provided as evidence an incomplete DA Form 638 indicating he was recommended for the Army Commendation Medal with one bronze oak leaf cluster.  It shows the reason for the award as "ETS + Service in Bosnia," and lists his achievements as "ETS," "Service in Bosnia" and "Good Conduct".  The period of the award is from May 1995 to May 1998.  There are no signatures on the form.

13.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized and was awarded the Army Achievement Medal, Armed Forces Service Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, NATO Medal, Army Service Ribbon, and the Army Lapel Button.  A DD Form 215 was issued to add Army Achievement Medal and the Armed Forces Service Medal to his DD Form 214 for the period ending 24 May 1998.

2.  A DD Form 214 records a Soldier's active duty service and an NGB Form 22 records a Soldier's ARNG service.  There are no similar documents prepared to record a Soldier's service in the USAR.

3.  The DA Form 638 provided is not a valid and proper recommendation.  It does not contain any information as to who made the recommendation nor does it contain a decision by an appropriate award approval authority.  The applicant's rank is incorrect for the period covered and the achievements are incomplete and would not support this award as stated.  In addition, his record does not contain orders awarding him the Army Commendation Medal (1st Award).   

4.  Based on the available evidence, the Board cannot determine the applicant's service status from 26 November 1990 to 25 May 1995.  However, based on his statement on his RA enlistment contract, the 7 months and 22 days of prior inactive USAR service shown on his DD Form 214 appears to be correct.  The DD Form 214 appears to correctly record the applicant's USAR and RA service as of the date of his RA separation.  

5.  The applicant's NGB Form 22 appears to correctly reflect the applicant's service in the USAR, RA, and ARNG from 1990 through his ARNG discharge and includes all of his authorized awards. 

6.  There is no provision under law or regulation that allows for the correction of the DD Form 214 to include any reference to any period of service that ocurred after the date the DD Form 214 was issued.

7.  The applicant has not provided and the record does not contain any evidence that his periods of service are improperly recorded on any of the appropriate forms or that he was authorized or awarded any awards or decorations not reflected on his DD Form 214 as amended by the DD Form 215 or his NGB Form 22.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140018818



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ABCMR Record of Proceedings (cont)                                         AR20140018818



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