BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150000690 


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 28 February 2010 by: 

* adding to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Legion of Merit
* deleting from item 14 (Military Education) – "Military Police (95B), 8 Weeks, 1983"

2.  The applicant states he has all the necessary paperwork for the Legion of Merit.  His DD Form 214 was issued before he received notification of the Legion of Merit award.  He is requesting removal of the entry, "Military Police (95B), 8 Weeks, 1983" from his 2010 DD Form 214 because he was not in the military in 1983.  His DD Form 214 ending on 2 August 1986 shows an entry date of 28 March 1986.

3.  The applicant provides:

* 1986 DD Form 214
* DA Form 638 (Recommendation for Award)
* Legion of Merit Certificate with order number
* 2010 DD Form 214




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 the cases 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.

2.  The applicant’s military records show he enlisted in the Alabama Army National Guard (ALARNG) on 27 February 1986.  He entered on active duty for training (ADT) on 28 March 1986.  He completed training and was awarded military occupational specialty (MOS) 36C (Wire System Installer/Operator).  He was released from ADT on 2 August 1986 and was transferred to an ALARNG unit.  He was credited with completing 4 months and 5 days of net active service and 1 month and 1 day of prior inactive service.  His DD Form 214 lists in:

* Item 13 – the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar
* Item 14 – the Wire System Installer/Operator Course, 10 Weeks, August 1986

3.  Item 17 (Civilian and Military Schools) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show he completed 8 weeks of the Military Police Course in 1986.  Item 17 shows his first military course was the 10-week Wire System Installer Course in 1986.

4.  He served continuously through reenlistments or extensions of enlistment until his retirement.

5.  He provided copies of the following:

* DA Form 638, dated 23 September 2009, recommending him for award of Legion of Merit for exceptionally meritorious service while providing support to the U.S. Army and ALARNG from 28 February 2000 through 28 February 2010; Permanent Orders (PO) Number 39-7 approved the award on 8 February 2010
* Legion of Merit Certificate, dated 8 February 2010
6.  A review of his records located on the integrated Personnel Electronic Records Management System failed to reveal a copy of PO Number 39-7, dated 8 February 2010.

7.  He was honorably retired in pay grade E-9 on 28 February 2010.  He was credited with completing 22 years, 1 month, and 24 days of net active service.  His DD Form 214 lists in:

* Item 13 –

* Bronze Star Medal
* Army Commendation Medal (7th Award)
* Army Achievement Medal
* Army Good Conduct Medal (7th Award)
* Army Reserve Components Achievement Medal
* National Defense Service Medal with Bronze Star (2nd Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Noncommissioned Officer Professional Development Ribbon (4th Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal
* ARNG Master Recruiter Badge

* Item 14, in pertinent part, Military Police (95B), 8 Weeks, 1983 3 [sic]"

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 13 – would list all awards authorized for all periods of service
* Item 14 – would list formal in-service (full-time attendance) training courses (40 hours or more) successfully completed during the period of service covered by the DD Form 214; include title, length in weeks, and year completed

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Legion of Merit for exceptionally meritorious service from February 2000 to February 2010.  Therefore, his 2010 DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he enlisted in the ALARNG on 27 February 1986 and entered ADT 28 March 1986.  He completed training and was awarded MOS 36C.  There is no evidence showing he completed 8 weeks of Military Police (95B) training at any time during his military service.  This course was erroneously added to his 2010 DD Form 214.  Therefore, item 14 of this form should be amended to delete the entry "Military Police (95B), 8 Weeks, 1983 3."

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:

* adding to item 13 of his 2010 DD Form 214 the Legion of Merit
* deleting from item 14 of this form the entry, "Military Police (95B), 8 Weeks, 1983 3"




      _______ _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)                                         AR20150000690





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ABCMR Record of Proceedings (cont)                                         AR20150000690



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