BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20140019873 


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 14 December 2008 to show in:

* item 4a (Grade, Rate, or Rank) – staff sergeant (SSG)
* item 4b (Pay Grade) – E-6
* item 11 (Primary Specialty) –

* 31B (Force Protection Noncommissioned Officer in Charge), 11 months
* 35F (Intelligence Analyst), 2 years and 6 months

* item 12b (Separation Date This Period) – 2013  06  17
* item 12c (Net Active Service This Period) – 0002  05  00
* item 12h (Effective Date of Pay Grade) – 2011  11  08
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Marine Corps Rifle Sharpshooter Badge

* 
item 14 (Military Education) –

* Basic Topographic Analyst Course, 5 months, 2007
* Introduction to Route Analysis and Security Driving with Vehicle Bomb Search and Surveillance Detection Course, 1 week, 2008
* Warrior Leader Course, 2 weeks, 2009
* Intelligence Analyst Course, 7 weeks, 2010

2.  The applicant states:

* he did not receive an updated DD Form 214 at the time of his discharge
* his DD Form 214 for the period ending 14 December 2008 –

* was prepared in 2008 and the end of his enlistment was 17 June 2013
* shows his rank/grade as sergeant (SGT)/E-5 instead SSG/E-6
* does not show all his specialties or military education
* does not list all his awards and decorations

3.  The applicant provides:

* DD Form 214
* self-authored statement
* five certificates of training
* Certificate of Promotion
* three DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER))
* Army Commendation Medal Certificate
* DA Form 5790-R (Record Firing Scorecard – Scaled Target Alternate Course)
* South Carolina Army National Guard (SCARNG) Orders 297-380, dated 24 October 2006
* Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Orders 60-761, dated 1 March 2007
* SCARNG Orders 094-490, dated 4 April 2007
* SCARNG Orders 166-542, dated 15 June 2007
* SCARNG Orders 183-423, dated 2 July 2007
* SCARNG Orders 186-305, dated 5 July 2007
* U.S. Army Human Resources Command Orders A-12-723407, dated 5 December 2007
* U.S. Army Corps of Engineers memorandum for record, dated 19 November 2008, subject:  Statement of Wartime Service
* SCARNG Orders 058-406, dated 27 February 2009
* SCARNG Orders 061-398, dated 2 March 2009
* SCARNG Orders 009-303, dated 9 January 2010
* Headquarters and Headquarters Company, 79th Infantry Brigade Combat Team, Permanent Orders 032-005, dated 1 February 2010
* SCARNG Orders 298-563, dated 22 October 2010
* California Army National Guard (CAARNG) Orders 341-1021, dated 7 December 2011
* ARNG Retirement Points History Statement, dated 9 February 2013

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 had prior honorable service in the in the U.S. Marine Corps and the U.S. Marine Corps Reserve.  His DD Form 214 for the period ending 29 June 1979 shows award of the U.S. Marine Corps Rifle Sharpshooter Badge and his DD Form 214 for the period ending 25 January 1984 shows award of the U.S. Marine Corps Rifle Marksmanship Badge, Sea Service Deployment Ribbon, and U.S. Marine Corps Good Conduct Medal.

3.  After a break in service, the applicant enlisted in the CAARNG on 18 September 2006 in the rank/grade of SGT/E-5.

4.  He was ordered to active duty for training during the period 27 October 2006 through 12 April 2007.  Records show he completed the Basic Topographic Analyst Course on 12 April 2007.

5.  On 15 December 2007, he was ordered to active duty in support of Operation Enduring Freedom for a period of 11 months and 29 days.

6.  On 14 December 2008, he was honorably released from active duty.  His DD Form 214 for this period shows in:

* item 4a – SGT
* item 4b – E05
* item 11 – 21U, Topographical Analyst, 1 year
* item 12b – 2008  12  14
* item 12c – 0001  00  00
* item 12h – 2006  09  18
* item 13 –

* U.S. Marine Corps Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Navy Sea Service Deployment Ribbon
* North Atlantic Treaty Organization Medal
* Combat Action Badge

* item 14 – Individual Terrorism Awareness Class, 1 week, 2008

7.  Joint Task Force, CAARNG, Orders 298-2258, dated 25 October 2010, show he was awarded primary military occupational specialty (MOS) 35F effective 11 September 2001.

8.  Joint Task Force, CAARNG, Orders 170-1013, dated 19 June 2013, show he was honorably discharged from the ARNG effective 17 June 2013 in the rank of SSG.  His records are void of a National Guard Bureau Form 22 (Report of Separation and Record of Service) for his period of service ending 17 June 2013.

9.  He provided a self-authored statement explaining the requested changes and copy of his DD Form 214 for the period ending 14 December 2008.  He also provided:

* two NCOERs for the period 18 September 2006 through 19 November 2008 showing his MOS as 21U and an NCOER for the period 1 December 2010 through 30 November 2011 showing his MOS as 35F
* diploma for the Basic Topographic Analyst Couse completed on 12 April 2007
* certificate for completion of the Introduction to Route Analysis and Security Driving with Vehicle Bomb Search and Surveillance Detection Course during the period 7 June and 12-13 June 2008
* certificate for completion of the Army Individual Terrorism Awareness Class (INTAC) on 13 June 2008
* Army Commendation Medal Certificate which was awarded by Headquarters, Combined Security Transition Command-Afghanistan, Permanent Order Number 325-047 for the period 10 January 2008 through 14 December 2008 
* diploma for completion of the Warrior Leader Course on 9 May 2009
* DA Form 5790-R, dated 3 January 2008, showing he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* his certificate for completion of the Intelligence Analyst Course on 16 April 2010
* Certificate of Promotion to SSG on 8 November 2011
* three NCOERS for the period 18 September 2006 through 30 November 2011
* various orders from the CAARNG, ordering him to active duty during the period 2006 through 2010 for periods of less than 90 days
* permanent orders awarding him the California Good Conduct Medal, dated 1 February 2010, for the period 18 September 2006 through 18 September 2009
* temporary duty orders, dated 25 October 2010, for Fort Richardson, Alaska, during the period 27 October 2010 through 14 November 2010
* promotion orders to SSG, dated 7 December 2011, with an effective date of 8 November 2011
* ARNG Retirement Points History Statement, dated 9 February 2013, that shows he has 9 years, 7 months, and 14 days of creditable service for retired pay

10.  A review of his NCOERs shows he held the following MOSs for the periods listed:

* MOS 21U - 18 September 2006-30 September 2007
* MOS 21U – 1 December 2007-19 November 2008
* MOS 21Y – 21 November 2008-17 September 2009
* MOS 12Y (Geospatial Engineer) – 18 September 2009-30 November 2009
* MOS 35F – 1 December 2010-30 November 2011

11.  His records are void of and he failed to provide any evidence showing he served in MOS 31B for 1 year or more.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 was a summary of the Soldier's most recent period continuous active duty.  The instructions stated for:

	a.  item 4, enter the active duty grade or rank and pay grade at time of separation from Enlisted Record Brief (ERB);

	b.  item 11, enter the titles of all military occupational specialties served for at least 1 year and include the number of years and months served;

	c.  item 12b, enter the Soldier's transition date;

	d.  item 12c, enter the amount of service for the period served, computed by subtracting item 12a (Date Entered Active Duty This Period) from item 12b;

	e.  item 12h, enter the effective date of promotion to the current grade from the most recent promotion order or reduction instrument;

	f.  item 13, list all awards and decorations for all periods of service as verified by the Soldier's record in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	g.  item 14, list formal in-service, full-time attendance training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and years completed.  Do not list training courses for combat skills.

13.  Army Regulation 600-8-22 prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant argues his DD Form 214 for the period ending 14 December 2008 does not list all his pertinent information, this DD Form 214 only covers his period of active duty service from 15 December 2007 through 14 December 2008.

2.  He enlisted in the rank of SGT and he was not promoted to SSG until 8 November 2011.  His promotion did not occur during the period covered by the DD Form 214 in question.  His DD Form 214 in question correctly shows the rank he held at the time of his release from active duty.  There is no basis for granting the requested relief.

3.  Records show he completed MOS 35F training in April 2010, which was after the DD Form 214 in questions was issued.  Further, his available records are void of and he failed to provide any evidence showing he served in MOS 31B for a 1 year or more.  There is no basis for granting the requested relief.

4.  Orders show the applicant was released from active duty on 14 December 2008.  Although he was not separated from the Army National Guard until 17 June 2013, his DD Form 214 correctly shows the date of his release from active duty and the time he served on active duty.  There is no basis for granting the requested relief.

5.  Orders show he was awarded the Army Commendation Medal for the period 10 January 2008 through 14 December 2008.  He DD Form 214 for the period ending 14 December 2008 should be corrected to show this award.

6.  He did not complete the minimum required service for award of the Army Good Conduct Medal (1st Award).  His DD Form 214 in question shows he served on active duty for 1 year.  Further, permanent orders awarded him the California Good Conduct Medal (1st Award) on 1 February 2010, which was after the DD Form 214 in question was issued.  There is no basis for granting the requested relief.

7.  He completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  His DD Form 214 in question should be corrected to show award of the Global War on Terrorism Service Medal.

8.  He was previously awarded the Marine Corps Rifle Marksman Badge and Rifle Sharpshooter Badge.  His DD Form 214 in question should be corrected to show these two badges.

9.  He completed the Introduction to Route Analysis and Security Driving with Vehicle Bomb Search and Surveillance Detection Course.  His DD Form 214 in question should be corrected to show completion of this course.

10.  Although he completed the Basic Topographic Analyst Course, Warrior Leader Course, and Intelligence Analyst Course, the courses were not completed during the period covered by the DD Form 214 in question.  There is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 his DD Form 214 for the period ending 14 December 2014 as follows:

	a.  adding the following awards to item 13:

* Army Commendation Medal
* Global War on Terrorism Service Medal
* Marine Corps Rifle Marksman Badge
* Marine Corps Rifle Sharpshooter Badge

	b.  adding the Introduction to Route Analysis and Security Driving with Vehicle Bomb Search and Surveillance Detection Course, 1 week, 2008, to item 14.

2.  The Board further determined 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 correcting his DD Form 214 for the period ending 14 December 2008 to show his rank/grade as SSG/E-6, his primary specialties as MOS 31B for 11 months and MOS 35F for 2 years and 6 months, his separation date as 17 June 2013, his net active service as 2 years and 5 months, award of the Army Good Conduct Medal (1st Award), and completion of the Basic Topographic Course, Warrior Leader Course, and Intelligence Analyst Course.



      _____________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)                                         AR20140019873



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