BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017126 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017126 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 the Army Achievement Medal (2nd Award) and the Army Reserve Components Overseas Training Ribbon to item 13 of his DD Form 214 for the period ending 7 September 1996. 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 adding the MOS 55B Ammunition Specialist Course to his DD Form 214 for the period ending 7 September 1996 and correcting this DD Form 214 to show he served in this MOS. ___________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. BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017126 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 7 September 1996 to show: * he completed the training course for military occupational specialty (MOS) 55B (Ammunition Specialist) and the dates of his service in this MOS * award of the Army Achievement Medal (AAM) (2nd Award) * award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) 2. The applicant states: a. His DD Form 214 shows only one AAM and he was awarded two. He enclosed both copies of his DA Forms 638 (Recommendation for Award). b. While assigned to the 811th Ordnance Company, in Rainelle, WV, he was sent to Germany for 3 weeks and his Overseas Service Ribbon (OSR) for the Army Reserve was never put on his DD Form 214. He was in Germany during the summer of 1992. The only documentation that he has is an AHRC Form 249-E (U. S. Army Human Resource Command, Chronological Statement of Retirement Points). 3. The applicant provides: * DD Form 214 for the period ending 7 September 1996 * DA Form 638 (Recommendation for Award) * DA Form 1059 (Service School Academic Evaluation Report) * DA Form 2-1 (Personnel Qualification Record) 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 United States Army Reserve (USAR) on 25 April 1991. 3. A DD Form 214 shows he entered active duty for training on 22 May 1991, and he was released from active duty on 21 September 1991. He successfully completed training and was awarded military occupation specialty 71L (Administrative Specialist). The applicant completed 4 months of net active service for this period. 4. On 2 May 1993, he successfully completed the non-resident MOS 55B Ammunition Specialist Course. His DA Form 1059, item 11 (Duration of Course), shows he completed this course from 7 November 1992 through 2 May 1993. 5. He was discharged from the USAR and enlisted in the Regular Army (RA) on 8 July 1993 in MOS 71L. 6. The applicant provided a DA Form 638-1, dated 24 May 1995, annotated with Permanent Orders 199-1, issued by 55th Personnel Service Battalion on 18 July 1995 and DA Form 638, dated 6 June 1996, annotated with Permanent Orders 160, issued by Headquarters, 18th Personnel Service Battalion, on 1 July 1996. The orders awarded him AAMs for the periods 22 July 1993 to 21 July 1995 and 7 August 1995 to 7 September 1996. A review of the applicant’s official military personnel file revealed that both awards were added to his official military personnel file. 7. The applicant’s DA Form 2-1 (Personnel Qualification Record), reviewed on 10 August 1995, shows in item 9 (Awards, Decorations & Campaigns) the ARCOTR. 8. A DA Form 214 shows he entered active duty on 8 July 1993 and he was honorably discharged on 7 September 1996. His DD Form 214 shows in: a. Item 11 (Primary Specialty) - 71L1O F5 Administrative Specialist, 3 years and 2 months. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar c. Item 14 (Military Education) – Administrative Specialist Course, 8 Weeks, 1991. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. a. Item 11 of the regulation in effect at the time required an entry for the MOS codes, titles, years, and months of service for warrant officers and enlisted personnel. b. Item 11 of the regulation currently in effect requires an entry for the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month (do not count basic training and advanced individual training. For an enlisted Soldier, also specify the first 5 characters of the primary MOS code, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter "O" when not applicable. c. Item 13 of the regulation in effect at the time required that all entries be for all periods of service. Check Soldiers' service records for validity of awards. Do not abbreviate when listing the entries. List entries as prescribed in paragraph 2-7b. d. Item 14 of the regulation in effect at the time required an entry for in–service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, etc. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION: 1. Permanent Orders in the applicant’s official military personnel file awarded him two Army Achievement Medals. His DD Form 214 for the period ending 7 September 1996 does not show both awards. 2. The applicant’s DA Form 2-1 shows he was awarded the Army Reserve Components Overseas Training Ribbon, which is not shown on his DD Form 214 for the period ending 7 September 1996. 3. Although he enlisted in the Regular Army in MOS 71L and performed primary duties in this MOS, he completed the non-resident training for MOS 55B Ammunition Specialist, albeit in the USAR. However, his records are void of any evidence and he did not provide evidence that shows he served in this MOS for at least 1 year during the period covered by the DD Form 214 (8 July 1993 to 7 September 1996). Therefore, there is no regulatory basis for listing this MOS on the DD Form 214 in question. 4. The applicant completed non-resident training for MOS 55B Ammunitions Specialist from 7 November 1992 to 2 May 1993. This training was not completed during the period covered by the DD Form 214 in question (8 July 1993 to 7 September 1996). The absence of this training on this DD Form 214 is not an error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017126 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2