BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001206 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001206 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 18 May 2017 DOCKET NUMBER: AR20160001206 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: * U.S. Army Reserve (USAR) service * promotion to staff sergeant (SSG)/E-6 * completion of the Drill Sergeant Course * honorable discharge from the USAR * eligibility for the "Reserve Good Conduct Medal " 2. The applicant states he believes his DD Form 214 was not updated or it was lost. He served honorably and faithfully and it is important to have his DD Form 214 updated and correct. 3. The applicant provides: * DD Form 214 for the period ending 25 March 1988 * DA Form 1059 (Service School Academic Evaluation Report) * Memorandum authorizing him to wear the Drill Sergeant Identification Badge * promotion orders (to E-6) * USAR discharge orders 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 initially enlisted in the Regular Army (RA) on 15 November 1983. He held military occupational specialty (MOS) 13B (Cannon Crewman). 3. On 23 April 1986, Headquarters, 569th Personnel service Company, Germany, published Orders 113-180 promoting him to the noncommissioned officer (NCO) rank/grade of sergeant (SGT)/E-5 effective 1 May 1986. 4. On 4 November 1986, Headquarters, Personnel Service Center, Fort Riley, KS, published Permanent Orders (PO) 160-2 awarding him the Army Good Conduct Medal for service from 15 November 1983 through 14 November 1986. 5. He was honorably discharged from active duty on 25 March 1988 under the Fiscal Year 1988 Early Transition Program. His DD Form 214 shows he completed 4 years, 4 months, and 11 days of active service. It also shows in: * Item 4a (Grade, Rate or Rank) and 4b (Pay Grade), "SGT" and "E-5" * Item 12h (Effective Date of Pay Grade), "86-05-01" * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Army Lapel Button, Army Service Ribbon, Army Achievement Medal, Overseas Service Ribbon, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, and NCO Professional Development Ribbon (2) * Item 14 (Military Education), German Headstart, 1 week, 1985; Drivers Training, 1 week, 1985; Primary Leadership Development Course, 4 weeks, 1986; and Basic NCO Course, 1985 6. Following his discharge from active duty, the applicant enlisted in the USAR, in the rank/grade of SGT/E-5 on 26 March 1988. 7. He completed the Training and Doctrine Command (TRADOC) Drill Sergeant Course at the 91st Division Leadership Academy from 24 September 1988 to 17 September 1989. He was issued a diploma and a DA Form 1059 that captured his completion of this course. 8. On 16 October 1989, the Leadership Academy, 91st Division (Training) authorized him permanent wear of the Drill Sergeant Identification Badge. 9. On 1 November 1989, Headquarters, 91st Division, Sausalito, CA, published Orders 117-3 awarding him MOS 13B2X (the "X" is a special qualification identifier for drill sergeant). 10. On 30 January 1990, Headquarters, 91st Division, Sausalito, CA, published Orders 13-23 promoting him to SSG/E-6 in the USAR, effective 1 February 1990. 11. Following a 1-year extension in the USAR in January 1989 and a 6-year reenlistment in the USAR in January 1990, the applicant was honorably discharged from the USAR in the rank of SSG on 23 January 1996. 12. There is no indication he performed any periods of active duty between the date he was released from active duty (25 March 1988) and the date he was ultimately discharged from the USAR (January 1996) that would have warranted the issuance of a DD Form 214. REFERENCE: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty 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. Chapter 2 states: * Items 4a and 4b show the active duty rank/grade held at the time of separation * Item 12d shows total prior active service completed * Item 12e shows total prior inactive service completed * Item 12h shows the effective date of rank (of the rank a Soldier held at the time of separation) * Item 13, shows awards and decorations * Item 14, shows formal courses completed during the period covered by the DD Form 214 2. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program. 3. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years of continuous enlisted active Federal military service except in those cases when the period for the first award ends with the termination of a period of active Federal military service. DISCUSSION: 1. The applicant served in the Regular Army (active duty) from 15 November 1983 to 25 March 1988 and in the U.S. Army Reserve (inactive duty) from 26 March 1988 to 23 January 1996). 2. During his Regular Army service: a. He was promoted to SGT/E-5 on 1 May 1986 and held this rank/grade when he was discharged on 25 March 1988. He did not hold the rank/grade of SSG/E-6 while on active duty. b. He completed several training courses that are properly captured in item 14 of his DD Form 214. He did not complete the Drill Sergeant Course during the period covered by his DD Form 214. c. He was awarded the Army Good Conduct Medal for 3 years of continuous active service and this award is properly listed on his DD Form 214. 3. During his USAR service: a. He completed the Drill Sergeant Course, received a diploma, and he was awarded the identifier and the badge. His successful completion is properly captured on a DA Form 1059, the MOS orders, and the diploma. b. He was promoted to SSG/E-6 on 1 February 1990, 2 years after he had been separated from active duty and after his DD Form 214 had been issued. He held this rank/grade at the time of his discharge from the USAR in 1996. c. The Army Good Conduct Medal is awarded for 3 years of continuous active service, not for Reserve service. 4. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Aside from his active service from 15 November 1983 to 25 March 1988 for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days that would have qualified him for the issuance of an additional DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001206 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2