IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160005115 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 IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160005115 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 to his DD Form 214 covering the period 7 February 2003 through 5 July 2003: * Army Reserve Components Achievement Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Pistol 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 adding MOS 67T, 67T (UH-60) MOS Transition Course, and National Emergency Service Medal of Alabama with 911 Clasp to 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. IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160005115 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) covering the period 7 February 2003 through 5 July 2003 to reflect military occupational specialty (MOS) 67T (UH-60 Helicopter Repairer) as well as the military education and awards and decorations listed on his National Guard Bureau (NGB) Form 22E (NGB Report of Separation and Record of Service). 2. The applicant states he would like to have a complete listing of awards, education, and MOSs for his records. 3. The applicant provides his DD Form 214 and NGB Form 22E. 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 Regular Army on 3 July 1991. He was discharged on 5 November 1991 by reason of entry-level performance and conduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 11-3a. His service was uncharacterized. Item 11 (Primary Specialty) of his DD Form 214 covering this period shows he was not awarded an MOS. 3. He enlisted in the Alabama Army National Guard (ARNG) on 10 October 1997. 4. His DD Form 214 covering the period 28 May 1998 through 17 August 1998 shows he was released from active duty for training due to completion of required active service. a. Item 11 shows he was awarded MOS 67N (UH-1 Helicopter Repairer). b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar * Aircraft Crewman Badge c. Item 14 (Military Education) shows he completed the UH-1 Helicopter Repairer (67N) Course, 10 weeks, 1998. 5. His DA Form 1059 (Service School Academic Evaluation Report), dated 5 March 1999, shows he successfully completed the MOS 67T (UH-60) Transition Course from 17 January 1999 through 5 March 1999. Item 5 (Specialty/MOS) shows his MOS as 67N. 6. Alabama State Military Department Orders 038-107, dated 7 February 2003, ordered him to active duty as a member of his unit in support of Operation Enduring Freedom effective 7 February 2003. His MOS is listed as 67N. 7. His DD Form 214 covering the period 7 February 2003 through 5 July 2003 shows he was honorably discharged due to a disability that existed prior to service. a. Item 11 shows his MOS as 67N (UH-1 Helicopter Repairer). b. Item 13 shows he was awarded or authorized the: * Army Achievement Medal * National Defense Service Medal (2nd Award) * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Army Lapel Button * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Aircraft Crewman Badge c. Item 14 shows no military education completed during this period. 8. His NGB Form 22E shows he was honorably discharged from the Alabama ARNG effective 1 August 2003. a. Item 12 (Military Education) shows he completed the UH-1 Helicopter Repairer Course, 10 weeks, May 1998, and UH-60 Transition Course, 7 weeks, March 1999. b. Item 13 (MOS Specialty Number, Title, and Earliest Date Awarded) shows his primary MOS as 67N awarded on 17 August 1998. A secondary MOS is not listed. c. Item 15 (Decorations, Medals, Badges, and Commendations) shows he was awarded or authorized the: * Army Service Ribbon * National Emergency Service Medal of Alabama with 911 Clasp * Sharpshooter Marksmanship Qualification Badge (M-16) with rifle bar * Armed Forces Reserve Medal with "M" Device * Army Reserve Components Achievement Medal (9 October 2000) * Army Lapel Button * Aircraft Crewmember Badge * Army Achievement Medal * National Defense Service Medal with one bronze service star REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. b. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. c. The instructions for item 11 for an enlisted Soldier stated to enter the titles of all MOSs served for at least 1 year from the Enlisted Record Brief and include the number of years and months served for each MOS. For time determination, 16 days or more count as a month. Basic combat training and advanced individual training would not be counted. d. The instructions for item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Abbreviations would not be used. (Later versions of the regulation specifically stated do not enter foreign or State level awards on the DD Form 214. State awards and decorations will be entered on the NGB Form 22 upon separation from the Army National Guard of the United States.) e. 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 from the Enlisted Record Brief. (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses). Include title, length in weeks, and year completed. 2. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. State awards, certificates of achievement, letters of appreciation, and similar documents are not governed by this regulation, thus are not entered on the DD Form 214. DISCUSSION: 1. There is no evidence of record the applicant was ever awarded MOS 67T. His DD Forms 214 and his NGB Form 22E appropriately do not show he held this MOS. 2. While there is evidence that he successfully completed the MOS 67T Transition Course from 17 January 1999 through 5 March 1999, regulatory guidance states to list only formal in-service training courses successfully completed during the period of service covered by the DD Form 214. None of his DD Forms 214 cover the period of service during which he completed this training. This training is properly annotated on his NGB Form 22E. 3. Among all of the awards, medals, badges, and commendations annotated on his NGB Form 22E, the National Emergency Service Medal of Alabama with 911 Clasp and the Army Reserve Components Achievement Medal are the only two not also annotated on his latest DD Form 214 covering the period 7 February 2003 through 5 July 2003. 4. The National Emergency Service Medal of Alabama with 911 Clasp is not listed on his DD Form 214, as State awards are not authorized entries. 5. His NGB Form 22E shows he was awarded the Army Reserve Components Achievement Medal, but it is not listed on his DD Form 214 covering the period 7 February 2003 through 5 July 2003. 6. Also not annotated on his DD Form 214 covering the period 7 February 2003 through 5 July 2003 are the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar, which were previously annotated on his DD Form 214 covering the period 28 May 1998 through 17 August 1998. 7. Regulatory guidance states to list all authorized awards and decorations for all periods of service on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005115 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005115 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2