BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160000782 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: 13 June 2017 DOCKET NUMBER: AR20160000782 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 adding the following awards to his DD Form 214 for the period ending 31 January 2006: * Army Achievement Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Driver-W Bar 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 dates of service and entering additional foreign service and training on his DD Form 214. ______________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: 13 June 2017 DOCKET NUMBER: AR20160000782 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, in effect, amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 January 2006 to show the correct information in: * item 12a (Date Entered Active Duty This Period) * item 12b (Separation Date This Period) * item 12c (Net Active Service This Period) * item 12d (Total Prior Active Service) * item 12e (Total Prior Inactive Service) * item 12f (Foreign Service) – foreign service in Iraq from January to August 2003 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) * item 14 (Military Education) 2. He states that his DD Form 214 was incorrect upon his discharge and he now has the supporting documents to make the corrections. 3. He provides: * DD Form 214, effective 26 March 1998 * National Guard Bureau (NGB) Form 22, effective 14 October 2001 * DD Form 214, effective 31 January 2006 * military orders and Post Deployment Health Assessment 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 Alabama Army National Guard on 2 April 1996 and he served in an active duty training (ADT) status from 10 June 1997 to 10 March 1998. He was issued a DD Form 214 for this active duty period that shows in: * item 12a, he entered ADT on 10 June 1997 * item 12b, he was released from ADT on 26 March 1998 * item 12c, he completed 9 months, and 17 days of net active service * item 12d, total prior active service of 1 month, and 28 days * item 12e, total prior inactive service of 1 year, and 10 days * item 13, no awards * Item 14, no military occupational specialty 3. He enlisted in the Regular Army on 15 October 2001. His Enlisted Record Brief (ERB), dated 21 November 2005, shows in: * Section I (Assignment Information), no overseas assignments * Section VI (Military Education), no military education or training * Section VIII (Awards and Decorations), he was authorized or awarded the: * Presidential Unit Citation (PUC)-Army * National Defense Service Medal (NDSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) 4. The applicant was discharged from the Regular Army on 31 January 2006. His DD Form 214 shows in: * item 12a, he entered active duty on 15 October 2001 * item 12b, he was discharged from active duty on 31 January 2006 * item 12c, he completed 4 years, 3 months, and 16 days of net active service during the period covered * item 12d, no prior active service * item 12e, no prior inactive service * item 12f, he completed 11 months, and 16 days of foreign service * item 13, he was authorized or awarded the – * PUC-Army * NDSM * GWOTEM * GWOTSM * Army Service Ribbon (ASR) * Iraq Campaign Medal * item 14, he completed a 4-week Food Service Specialist Course in October 2001 * item 18, he served in Kuwait/Iraq from 21 January 2005 to 21 January 2006 5. His military records are void of information related to a deployment to Iraq during the 2003 calendar year or a certificate of training pertaining to completion of an ammunitions specialist course of instruction. 6. He provided: a. a self-authored memorandum stating his DD Form 214 for the period ending 31 January 2006, has numerous errors, which include his service dates, foreign service, missing awards, and military education/training. b. Orders 139-12, dated 19 May 2003, issued by the 3rd Squadron, 7th U.S. Cavalry, 3rd Infantry Division (Mechanized), Baghdad, Iraq, awarding him the Drivers Badge with Wheeled Vehicle Clasp. c. Post Deployment Health Assessment, completed on 22 August 2003, wherein he reports that he was deployed to Kuwait/Iraq for the period 22 January to 11 August 2003. d. NGB Form 22, covering the period 2 April 1996 to 14 October 2001, showing he completed Phase I and Phase II of the Ammunition Specialist Course in 1997 and he was awarded or authorized the: * ASR * Army Reserve Components Achievement Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Achievement Medal REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The instructions state: a. For item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued; b. For item 12b, show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up time lost, or retained on active duty for the convenience of the Government; c. For item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b; d. For item 12d, enter total amount of prior active service less lost time from previously issued DD Forms 214; e. For item 12e, from previously issued DD Forms 214 or Enlisted Record Briefs, enter the total amount of prior inactive service, less time lost; f. For item 14, from the Enlisted Record Brief, list formal in-service training courses successfully completed during the period under review by including the 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; and g. For item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant requests amendment of his DD Form 214 to show his correct service dates, foreign service, awards, and military education/training. 2. The applicable regulation states item 12 will be completed using previously issued DD Forms 214 and/or the ERBs. The NGB Form 22 is not an appropriate document to use for correction of the DD Form 214. 3. His official military personnel file is void of documentation such as orders showing he deployed to Iraq prior to 2005. The Post-Deployment Health Assessment provided by the applicant is not verification of his foreign service in Kuwait/Iraq. 4. Regulatory guidance requires all awards earned during all periods to be listed on the DD Form 214. Official orders awarded him the Driver’s Badge with Wheeled Vehicle Clasp and this award is not listed on his DD Form 214. A review of his record revealed the following additional awards are not listed on his DD Form 214, effective 31 January 2006: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Achievement Medal 5. Applicable regulatory guidance requires that all courses completed during the period be entered in item 14 of the DD Form 214. His Ammunition Specialist courses were completed in June and December 1997, which was prior to the period covered by the DD Form 214. As such, there is no error. 6. As an administrative note, the apparent discrepancies between his separation documents requires additional evidence that was not provided by the applicant and it is not in his available records. The applicant is encouraged to submit all of his source documents to the U.S. Army Human Resources Command, Attention: TAGD-AHRC-PDR-VIB, 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY 40122-5402 for additional foreign service credit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000782 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000782 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2