BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001733 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: 25 May 2017 DOCKET NUMBER: AR20160001733 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 deleting the current entry in item 13 of his DD Form 214 for the period ending 8 September 1995 and adding award of the National Defense Service Medal. 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 award of the Army Service Ribbon and amending items 12a, 14, and 24 of this 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: 25 May 2017 DOCKET NUMBER: AR20160001733 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 1995 as follows: a. item 12a (Date Entered Active Duty This Period) to show he entered active duty on 17 February 1994, b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the National Defense Service Medal and Army Service Ribbon, c. item 14 (Military Education) to show he completed basic combat training and the 8-week Administrative Specialist Course, and d. item 24 (Character of Service) to show honorable. 2. The applicant states: a. A letter from the Department of Veterans Affairs states his service dates are 20 June 1995 to 8 September 1995, which is wrong. He enlisted in the Army on 17 February 1994. He went to basic training on 8 July 1994 and then to advanced individual training on 26 June 1995. He was discharged after finishing the administrative specialist course. b. His DD Form 214 failed to show completion of basic and advanced individual training and his awards and decorations. c. His character of service should reflect honorable for his service over 180 days. 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 17 February 1994 * DA Form 2-1 (Personnel Qualification Record – Part II) * 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 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's DD Form 4 shows he enlisted in the U.S. Army Reserve (USAR) on 17 February 1994 for a period of 8 years. 3. Military Entrance Processing Station Orders 031-14, dated 17 February 1994, ordered him to initial active duty for training (IADT) for approximately 10 weeks for basic training under the alternate (split) training program with a reporting date of 1 July 1994. He completed basic combat training and his tour of active duty terminated on 2 September 1994. He completed 2 months and 2 days of active service during this period. 4. Military Entrance Processing Station Orders 063-05, dated 29 March 1995, ordered him to IADT for approximately 9 weeks or completion of military occupational specialty (MOS) training with a reporting date of 20 June 1995. 5. On 8 September 1995, he was discharged by reason of disability, existed prior to service, medical board. He completed 2 months and 19 days of total active service during this period. 6. His DD Form 214 shows in: * item 11 (Primary Specialty) – "NONE//NOTHING FOLLOWS" * item 12a – 20 June 1995 * item 12c (Net Active Service This Period) – 2 months and 19 days * item 12d (Total Prior Active Service) – 2 months and 2 days (IADT from 1 July 1994 to 2 September 1994) * item 12e (Total Prior Inactive Service) – 1 year, 2 months, and 1 day (USAR service from 17 February 1994 to 20 June 1995 minus prior active service from 1 July 1994 to 2 September 1994) * item 13 – "NONE//NOTHING FOLLOWS" * item 14 – "NONE//NOTHING FOLLOWS" * item 24 – "UNCHARACTERIZED" 7. His DA Form 2-1 shows in: * item 9 (Awards, Decorations, and Campaigns) – National Defense Service Medal and Army Service Ribbon * item 17 (Civilian Education and Military Schools) – he completed the 8-week Administrative Specialist Course in 1995 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 (Korea), both dates inclusive; 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive; 2 August 1990 and 30 November 1995 (Persian Gulf); and 11 September 2001 and a date to be determined (Global War on Terrorism). b. The Army Service Ribbon is awarded to enlisted Soldiers upon successful completion of their initial MOS-producing course. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states entry-level status for USAR Soldiers begins upon enlistment in the USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II (advanced individual training). Soldiers completing Phase I (basic training or basic combat training) remain in an entry-level status until 90 days after beginning Phase II. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. A DD Form 214 will be prepared for members of the USAR: (1) after completing 90 days or more of continuous active duty for training; and/or (2) after completing IADT which resulted in the award of an MOS, even though the active duty was less than 90 days. This includes completion of advanced individual training under the USAR Split Training Program. b. The instructions for item 14 stated to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION: 1. Although the applicant requests correction of item 12a of his DD Form 214 for the period ending 8 September 1995 to show 17 February 1994 (the date he enlisted in the USAR), the evidence shows he was ordered to active duty on 20 June 1995, which is properly shown in item 12a. Item 12e of this DD Form 214 shows his prior inactive service in the USAR. 2. His DA Form 2-1 shows he was awarded the National Defense Service Medal. His DD Form 214 for the period ending 8 September 1995 does not show these awards. 3. Although his DA Form 2-1 also shows he was awarded the Army Service Ribbon, the Army Service Ribbon is awarded to enlisted Soldiers upon successful completion of their initial MOS-producing course. The evidence shows he was discharged by reason of disability prior to completing MOS training and he was not awarded an MOS. He did not meet the eligibility criteria for this award. 3. He contends his DD Form 214 for the period ending 8 September 1995 failed to show he completed basic combat training. His DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his discharge. The governing regulation stated to list training courses successfully completed during the period of service covered by the DD Form 214 and do not list training courses for combat skills. The evidence shows he completed basic combat training in September 1994, 9 months prior to the date he entered active duty for advanced individual training on 20 June 1995. 4. Notwithstanding the entry on his DA Form 2-1 showing he completed the 8-week Administrative Specialist Course in 1995, the evidence shows he was discharged by reason of disability prior to completing MOS training and he was not awarded an MOS as noted above. 5. He contends his character of service should be honorable for his service over 180 days. Since he did not complete 90 days or more of continuous active duty for training or a period of less than 90 days that resulted in award of an MOS, he was in an entry-level status when he was released from active duty in 1995. His service was uncharacterized, which is properly reflected in item 24 of his DD Form 214 for this period. 6. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character to be rated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001733 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001733 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2