IN THE CASE OF:	   

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140019076 


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 on 7 November 2006 to add the following award and military training:

* Combat Action Badge
* Test Equipment Maintenance
* Petroleum Specialist
* Signal Support Systems Specialist
* Reserve Component Primary Leadership Development Course             (RC-PLDC)

2.  The applicant states he was not available to review his final DD Form 214.  He asks that the Board make these changes in the interest of making his record accurate.

3.  The applicant provides copies of:

* DD Form 214, ending on 5 July 1994
* DA Form 1059 (Service School Academic Evaluation Report) dated         22 June 1996
* DA Form 1059, dated 25 May 2002
* DA Form 1059, dated 21 April 2004
* DD Form 214, ending on 15 June 2004
* Permanent Order 030-157, Joint Force Headquarters, dated 28 June 2006
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 6 November 2006
* DD Form 214, ending on 7 November 2006 (Member copy 4)

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 214 for the period 3 January to 5 July 1994 shows the applicant had been ordered to active duty training and had completed the 17-week Signal Support Systems Specialist Course.

3.  A DA Form 1059, dated 22 June 1996, shows the applicant successfully completed the 3-week Petroleum Supply Specialist Course, Phases I and II.

4.  A DA Form 1059, dated 25 May 2002, shows the applicant successfully completed the 2-week RC-PLDC.

5.  A DA Form 1059, dated 21 April 2004, shows the applicant completed the 
33-week Integrated Family Test Equipment (IFTE) Operator/Maintenance Course.

6.  A DD Form 214 ending on 15 June 2004 shows the applicant completed the following military training:

* IFTE Operator/Maintenance, 33 weeks, April 2004
* Signal Support Specialist, 17 weeks, 1993
* RC PLDC, 2 weeks, 2002
* Petroleum Support Specialist, 3 weeks, 1996

7.  Permanent Orders 030-157, Joint Force Headquarters, dated 28 June 2006, announced the applicant’s award of the Combat Action Badge for actively engaging the enemy on 18 June 2005.
8.  An NGB Form 22, for the period 14 March 2003 to 6 November 2006 shows:

   a.  in Item 12 (Military Education) the same four military courses listed on his DD Form 214 ending in 2004;
   
	b.  in Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded), in part, the Combat Action Badge.

9.  A DD Form 214 for the period 4 January 2005 to 7 November 2006 reports the applicant had been ordered to active duty in support of Operation Iraqi Freedom.  He was discharged due to physical disability.  The document does not show any military training taken during this period of active duty service.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent 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.  Item 14 is to contain a list of formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 for the period ending on 7 November 2006 to add:

* Combat Action Badge
* IFTE Operator/Maintenance Course, April 2004
* Petroleum Specialist, June 1996
* Signal Support Systems Specialist, July 1994
* Reserve Component Primary Leadership Development Course             (RC-PLDC), May 2002

2.  Permanent orders show the applicant was awarded the Combat Action Badge during his period of active duty that ended in 2006.  Therefore, this badge should now be shown on his DD Form 214 ending in 2006.

3.  The applicant’s DD Form 214 ending on 15 June 2004 lists the four courses that he now wants added to his DD Form 214 that ended in 2006.  Because all of these courses were completed prior to the period covered on his final DD Form 214, they are not authorized to be shown on this DD Form 214.  Therefore, this portion of his request should be denied.

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 adding to his DD Form 214 ending on 7 November 2006 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 showing the following four courses on his DD Form 214 ending in 2006:

* Integrated Family Test Equipment Operator/Maintenance Course,         April 2004
* Petroleum Specialist, June 1996
* Signal Support Systems Specialist, July 1994
* Reserve Component Primary Leadership Development Course             (RC-PLDC), May 2002




      _______ _   __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)                                         AR20130004321



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ABCMR Record of Proceedings (cont)                                         AR20140019076



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