BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000046 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: 2 May 2017 DOCKET NUMBER: AR20160000046 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 28 January 1991 by deleting the entry in item 14 and replacing it with the entry "DRIVER'S TRAINING COURSE, 1-WEEK, 1988." 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 amending his 1984 or 1991 DD Forms 214 to show additional training, awards, certificates/memoranda, the preferred spelling of his last name, or rank and grade. ______________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: 2 May 2017 DOCKET NUMBER: AR20160000046 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) to show: * his rank/grade as corporal (CPL)/E-4 vice private first class (PFC)/E-3 * a certificate of achievement * two memoranda of appreciation * he completed basic skills training, the driver's training course, and One Station Unit Training * correction to the spelling of his last name * he also requests a personal appearance 2. The applicant states: a. His DD Form 214 does not reflect the correct information. His Armed Forces Identification (ID) Card for the U.S. Army Reserve shows his rank as CPL/E-4. The two memoranda of appreciation, dated 4 July 1990 and 28 August 1990, are not on his DD Form 214. He completed basic skills training at Fort Sill, OK; the 40-hour driver's training course from 17 to 28 October 1988; and One Station Unit Training in 1984. b. He was always treated poorly by his African-American commanders. He was made fun of, or sexually traumatized, and was not given his awards as his fellow Soldiers were that were African-American. He never received his patch for the driver's training course and was not recognized as a driver by his platoon leaders. His last name has always been spelled wrong on his military paperwork. His last name ends with the letter "Z" and not an "S." 3. The applicant provides: * five certificates, dated between 30 August 1984 and 25 January 1989 * Armed Forces of the United States ID Card * three memoranda, one undated and two dated 21 November 1987 and 28 August 1990 * DA Form 3686-1 (Leave and Earnings Statement) for the month of October 1990 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 Kansas Army National Guard (KSARNG) in the rank of private (PVT)/E-1 on 21 June 1984 for a period of 8 years. His Reserve obligation termination date was 20 June 1992. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) for this enlistment period is not filed in his official military personnel file (OMPF). 3. He entered initial active duty for training (ADT) on 6 August 1984. He completed basic combat training (BCT) and advanced individual training (AIT) at Fort Sill, OK, under One Station Unit Training, and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). 4. The applicant provides a/an: a. Certificate of Participation, dated 30 August 1984, that certified he had completed 90 hours of instruction in the Basic Skills Education Program (BSEP), at Fort Sill. b. Certificate of Training, undated, that certified he had successfully completed One Station Unit Training, Class 46-84, given at Fort Sill 5. He was honorably released from ADT on 29 November 1984 to the control of the KSARNG. Item 1 (Name (Last, first, middle)) of the DD Form 214 he was issued for this period of service shows his last name spelled as Gonzales. Item 14 (Military Education) contains the entry "NA" (Not Applicable). 6. The applicant provides a/an: a. Honorable Discharge Certificate that shows he was honorably discharged from the KSARNG on 24 January 1986 in the rank of PFC and he was transferred to the U.S. Army Reserve (USAR). His last name is shown as Gonzales. b. Armed Forces of the United States ID Card, issued on 18 October 1987, that expired on 24 January 1992. This ID card shows his rank as CPL/E-4, USAR and his typed last name is shown as Gonzales while his hand written signature shows it as Gonzalez. 7. Within his OMPF is a copy of his high school diploma showing his last name as Gonzalez. On this document are photocopies of his Texas Certificate of Birth, social security card, and driver’s license all showing his last name as Gonzalez. 8. He was honorably discharged from the USAR on 27 June 1988 for the purpose of immediate enlistment in the Regular Army (RA). 9. He enlisted in the RA on 28 June 1988 in the rank of PVT/E-2 and in MOS 13B. He and a recruiting official completed a DD Form 4 wherein his name is shown as Gonzales; however, the applicant appears to have signed his name as Gonzalez. 10. On 23 July 1988, he was assigned to B Battery, 3rd Battalion, 5th Field Artillery, Germany. 11. The applicant provides a/an: a. Certificate, dated 1 November 1988, that shows he successfully completed the 40-hour Driver's Training Course, conducted from 17 to 28 October 1988. This certificate shows his rank as PVT. b. Certificate of Achievement, dated 25 January 1989, showing he was awarded the certificate on that date for exceptionally meritorious achievement for the period 19 to 20 September 1988, during the Battalion Section Competition. This certificate shows his rank as PVT. 12. On 1 March 1989, he was advanced to PFC. His name is spelled Gonzalez on the DA Form 4187 (Personnel Action) that authorized his advancement. 13. The applicant provides a/an: a. Memorandum of Appreciation, undated, wherein Brigadier General (BG) WBT, Community Commander, Nuernberg Military Community, stated on behalf of the Nuernberg Military Community, he would like to thank him (the applicant) for his active involvement in the Independence Day Celebration on 4 July 1990. This memorandum shows his rank as PFC. b. Memorandum, dated 28 August 1990, wherein the Subcommunity Commander, Schwabach Military Subcommunity, stated it was a pleasure to forward BG WBT's memorandum of appreciation for the applicant's participation in the Independence Day Celebration on 4 July 1990. 14. Orders 13-3, dated 17 January 1991, issued by the 55th Personnel Service Company, Germany, reassigned him to the U.S. Army Transition Point, Fort Dix, NJ, with a report date of 22 January 1991. These orders show his rank PFC and his last name as Gonzales. 15. He was honorably released from active duty on 28 January 1991 and he was transferred to the USAR. Item 1 shows his last name as Gonzales. Items 4a (Rate or Rank) and 4b (Pay Grade) of the DD Form 214 he was issued for this period of service contain the entries "PFC" and "E-3," respectively. Item 14 of this form shows the entry "None." 16. His DD Form 214 also shows the: * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Hand Grenade Bar REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents) then in effect prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214 and stated: a. Source documents for preparing the DD Form 214 include documents from the OMPF such as the DD Form 4, Personnel Qualification Record, and orders. b. In item 4a enter the active duty rank held at the time of separation. c. List all awards and decorations for all periods of service on the DD Form 214. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. d. In Item 14 list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 2. AR 15-185 (ABCMR) states the ABCMR decides cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and the evidence the applicant provided is sufficient to render a fair and equitable decision at this time. 2. The applicant provides evidence showing he successfully completed the 40 hour (1-week) Driver's Training Course in 1988; however, this course is not listed on his DD Form 214 for the period ending 1991. 3. With respect to showing his rank as CPL, he held the rank of PFC at the time of his separation from the RA in 1991 and his DD Form 214 correctly shows his rank as PFC, the rank he held at the time. 4. With respect to his Certificate of Achievement and memorandum of appreciation, only decorations, medals, and ribbons are listed on the DD Form 214. Certificates of achievement and letters of appreciation are not listed on the DD Form 214. 5. With respect to BSEP training and One Station Unit Training, only courses that were successfully completed during the period covered by the DD Form 214 are listed on the DD Form 214. These courses were not completed during the period covered by his DD Form 214 for the period ending 28 January 1991. 6. In addition, the One Station Unit Training encompassed both BCT and AIT for MOS 13B; training courses for combat skills are not listed on the DD Form 214. The certificate he received for BSEP stated he completed 90 hours of instruction and did not say he successfully completed the course or indicate the course was a full-time attendance course. As such, neither training courses would have been listed on his DD Form 214 for the period ending 29 November 1984. 7. Concerning the spelling of his last name, it appears the applicant consistently spelled his last name as Gonzales throughout his multiple periods of service. While his record did contain his birth certificate showing his preferred spelling, the available enlistment documents show his last name as Gonzales, which was used consistently except for one document. Thus, it appears his DD Forms 214 correctly show his last name as Gonzales. 8. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a material error or injustice, there is a reluctance to recommend that those records be changed. 9. A copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his last name and its spelling his military record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000046 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000046 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2