BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006807 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 8 May 2018 DOCKET NUMBER: AR20160006807 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 the successful completion of the Basic Combatives Course, Levels I and II. In addition, he requests his Joint Services Transcript be updated to reflect this course. (The Joint Services Transcript is a Joint-level collaborative program that provides a document which, in civilian terms and as a standard form, describes a service member's military schooling and work history, thus making it easier for colleges to read and recommend credits. It replaced the Coast Guard Institute Transcript, the Army/American Council on Education Registry Transcript System (AARTS) and the Sailor/Marine American Council on Education Registry Transcript (SMART).) 2. The applicant also requests his DD Form 214 be corrected to show a higher rank/grade than private (PV2)/E-2 (i.e., either private first class (PFC)/E-3 or specialist (SPC)/E-4). 3. The applicant states, in effect: a. He completed the Basic Combatives Course, Levels I and II, in 2009 while in basic combat training (BCT), but this fact was never reflected on his DD Form 214. He once again completed the Basic Combatives Course Level I Course (in 2016), and would like this course reflected on both his DD Form 214 and on his Joint Services Transcript. b. He asserts he was eligible for entry as a PFC/E-3 when he enlisted into the Army, based on having completed sufficient college credits toward an Associate of Arts and Science (AAS) degree (majoring in Law Enforcement and Police Science). In addition, he contends he met the criteria for entry as an SPC/E-4 under the Army Civilian Acquired Skills Program (ACASP). The applicant was told this would all be corrected while he was in BCT, but no changes were made prior to his medical separation. c. According to the regulatory criteria for advance paygrade, a Soldier can enter as a PFC/E-3 when they have completed 2 or more academic years of a post-secondary vocational-technical school, and have a certificate of training attesting to the successful completion of the course prior to enlistment. d. He contends his work experience as a Corrections Officer for more than 24 months prior to enlistment, as well as his college transcripts, affirm he met ACASP requirements for enlistment in the grade of SPC/E-4. Per the ACASP criteria pertaining the Intelligence Analyst military occupational specialty (MOS) (apparently referring to MOS 35F (Intelligence Analyst)), a prospective enlistee must: * be eligible for a Secret security clearance and SCI (sensitive compartmented information) under Army Regulation (AR) 380-67 (Personnel Security Program)) * meet additional requirements for MOS under AR 614-200 (Enlisted Assignments and Utilization Management) * must have completed a minimum of 2 years of accredited college studies in one of the following areas: political science, journalism, psychology, computer science, or geology; or * have a minimum of 2 years' experience with a State or the Federal Government in the field of intelligence analyst, or a related field 4. The applicant provides: * community college transcripts for academic terms Spring, Summer, and Fall 2008 * memorandum, dated 5 March 2016, subject: Combative Trainers Course Basic Combatives Course (Level I) or Tactical Combatives Course (Level II) * four training certificates, dated between March and June 2008 * four undated training certificates 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. Regarding that portion of the applicant's request that addresses updating his Joint Services Transcript: * because this program is at the Joint level and falls under the Department of Defense, making changes/corrections is outside of the Board's purview; by law and regulation, the role of the ABCMR is to correct errors or injustices found in Army records only * to obtain assistance in updating or correcting his Joint Service Transcript, the applicant can go the Joint Services Transcript website at https://jst.doded.mil or email jst@doded.mil b. Based on the foregoing, this part of his request will not be further addressed in this Record of Proceedings. 3. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Enlistment Program (DEP) on 7 November 2008. On 31 December 2008, he requested discharge from the DEP and enlisted in the Regular Army. a. His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows the following: * Section III (Other Personal Data) – attended a community college from January to June 2008; he did not graduate * Section IV (Certification), item 30 (Data Verification by Recruiter) – applicant provided a high school diploma; no mention of college transcripts * Section VI (Remarks) – I have read/viewed and understand the MOS description for 35F (Intelligence Analyst); Security Interview (TOP SECRET) passed on 7 November 2008; Enlistment grade is PV2/E-2 per AR 601-210, paragraph 2-18a (14) * there were no entries showing eligibility for an entry grade of PFC, nor was there an indication he was enlisting under the ACASP b. DA Form 3286 (Annex A) (Statement of Enlistment – U.S. Army Enlistment Program – U.S. Army Delayed Enlistment Program) indicated, upon his enlistment in the Regular Army, he was enlisting for two programs: U.S. Army Training Enlistment Program and the U.S. Army Incentive Enlistment Program (U.S. Army College Fund – $78,156; and U.S Army Cash Bonus, 5-year). He was enlisting for MOS 35F. The applicant acknowledged he, and all recruits, were required to meet a physical assessment standard in order to enter active duty. Upon his initial assessment, his recruiter would enroll him in a self-paced Pre-BCT Physical Training Program. Participation was voluntary, but he would be required to meet a physical assessment standard in order to enter active duty. There were no entries showing eligibility for an entry grade of PFC, and no indication he was enlisting under the ACASP. c. DA Form 3286 (Annex B) (Statement of Enlistment – U.S. Army Enlistment Program) reaffirmed the applicant was enlisting for the U.S. Army Training Enlistment Program and the U.S. Army Incentive Enlistment Program. The MOS was 35F. There were no entries showing eligibility for an entry grade of PFC, and no indication he was enlisting under the ACASP. 3. The applicant entered active duty and proceeded to Fort Jackson, SC. On 11 February 2009, an Entrance Physical Standards Board (EPSBD) convened at Fort Jackson to evaluate whether the applicant met medical procurement standards. a. DA Form 4707 (EPSBD Proceedings) stated the applicant was found to have severe back pain due to a medical condition that existed prior to service (EPTS). The board found he had incurred a back injury 2 years prior and this injury was exacerbated during BCT to the point he could not complete required training. He was diagnosed with mid-back pain. b. The EPSBD determined he did not meet medical procurement standards and recommended separation. c. On 24 February 2009, the applicant indicated he concurred with the findings of the EPSBD and requested discharge without delay. d. On 27 February 2009, the separation authority directed the applicant's discharge with an uncharacterized service. On 5 March 2009, the applicant was discharged accordingly. 4. His DD Form 214 shows he completed 2 months and 5 days of net active service. His rank/grade was PV2/E-2 and his effective date of pay grade was 31 December 2008. His service was uncharacterized. 5. The applicant provides: a. Memorandum, dated 5 March 2016, subject: Combative Trainers Course Basic Combatives Course (Level I) or Tactical Combatives Course (Level II). The memorandum affirms the applicant completed a combatives course on 5 March 2016 at Fort Benning, GA. b. Community college transcripts, addressing the academic terms of Spring, Summer, and Fall 2008 (a period of about 12 months). The transcripts appear to reflect a cumulative 27 semester hours for the following courses: * Basic Law Academy I * Basic Law Academy II * Professional Development * Introduction to Criminal Justice c. Four undated training certificates, issued by the above-cited community college: * Basic Police Academy: 593 hours of Police Training * Basic Police Academy: 60 hours of Firearms Training * Basic Police Academy: 24 hours of Defensive Driving Training * Basic Police Academy: 60 hours of Subject Control Techniques d. Four dated training certificates: * issued by a Fire Academy; completion of HAZMAT (Hazardous Materials) and WMD (Weapons of Mass Destruction) Awareness; 6 hours, on 1 March 2008 * issued by the community college; completion of Electronic Speed Measuring Devices, on 3 May 2008 * issued by the community college; successful completion of 32 hours of Advanced Detection Apprehension and Prosecution, for the period 20 to 30 June 2008 * issued by the Emergency Management Institute, Federal Emergency Management Agency; completion of professional development training, An Introduction to the National Incident Management System e. He did not include documentation supporting his claim he served as a Corrections Officer for more than 24 months prior to his enlistment. REFERENCES: 1. AR 635-8 (Separation Processing and Documents) prescribes policies and procedures for the use and completion of the DD Form 214. a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge. Reasons for preparing a DD Form 214 include when a Regular Army Soldier's term of active duty is terminated due to administrative separation. It provides information, used by the Army and governmental agencies, for verifying service and other key pieces of information. b. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) show the active duty grade or rank and pay grade are accurate at time of separation. c. Item 12h (Effective Date of Pay Grade), from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade. d. Item 14 (Military Education) shows all formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 with a duration of at least 1 week or 40 hours. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; as such, training courses for combat skills are not listed. 2. AR 601-210, in effect at the time, prescribed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and Reserve Components. a. Chapter 2, section II, outlined criteria for pay grade at time of entry on active duty. (1) Paragraph 2-17 (Pay Grade and Date of Rank) stated persons enlisting in the Regular Army without prior service would be enlisted in pay grade private (PV1)/E-1. (2) Paragraph 2-18 showed who could enlist at what pay grades. It stated entry grade private (PV2)/E-2 can be awarded for successful completion of 24 or more semester hours (36 or more quarter hours) at a college or university listed in the Accredited Institutions of Postsecondary Education (AIPE). Concerning enlistment at pay grade PFC/E-3, it indicates the following: * for successfully completing 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at a college or university listed in the AIPE * enlistees with an associate degree will be enlisted at any time in pay grade PFC * successful completion of 2 or more academic years of a postsecondary vocational-technical school for which a certificate of training was received attesting to successful completion of the course b. Paragraph 2-18 also states: (1) When an enlistee is qualified under the Army Civilian Acquired Skills Program (ACASP), he/she may enlist at any time at pay grade SPC. (2) When documentation required to support a particular entry grade is not available at the time of enlistment, he/she may submit supporting documents to their supporting personnel officer within 6 months of enlistment. Documents must be original, certified, or evaluated as required. (3) Effective date and date of rank for Soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander; no retroactive adjustment is authorized. c. Chapter 7 (Regular Army and Reserve Components Civilian Acquired Skills Program) provided policy guidance for implementing the ACASP. (1) The program was available to qualified applicants with or without prior service. Requirements included: * meet basic eligibility criteria for enlistment, skill training, and work experience; when a person had unusual training or experience relevant to the MOS, he/she could request Headquarters, Department of the Army (HQDA) to make an equivalency determination * have had either training or experience in their civilian-acquired skills within 24 months of enlisting (2) ACASP applicant had to present valid evidence of completion of required civilian training to enlistment authorities. This evidence could include certificates, transcripts, diplomas, union cards, or employment records showing the period of actual work experience, the training received, the degree of proficiency attained, and a summary of duties and training in the civilian-acquired skill. Certificates and diplomas must bear the original seal of the institution awarding the document, or be documented as true copies. (3) Persons who met training and work experience requirements in accordance with DA Pamphlet 611-21 (Military Occupational Classification and Structure) and the DA G-1 MOS Smart Book, and who satisfied all other enlistment criteria, could be enlisted in pay grade SPC/E-4. 3. Per the MOS Smart Book, MOS 35F has the following requirements: a. Major duties: The intelligence analyst conducts analysis, develops and disseminates all-source intelligence products to support the command. Performs, coordinates, and/or supervises the Intelligence Preparation of the Battlefield (IPB) process; Intelligence, Surveillance, and Reconnaissance (ISR) Synchronization; and support to targeting. b. Duties for the MOS 35F at skill level 1O (rank/grades E-1 through E-4) are: * prepare all-source intelligence products to support the combat commander * establish and maintain systematic, cross-referenced intelligence records and files * receive and process incoming reports and messages; determine significance and reliability of incoming information * integrate incoming information with current intelligence holdings and prepares and maintains the situation map * conduct analysis and evaluation of intelligence holdings to determine changes in enemy capabilities, vulnerabilities, and probable courses of action * conduct IPB using information from all sources c. Qualification requirements include: * meet physical demands and physical profile requirements * have qualifying Armed Forces Vocational Aptitude Battery scores * meet TOP SECRET SCI access eligibility requirements * be a high school graduate * no information that would prevent granting security eligibility under AR 380-67 * must be a U.S. citizen 4. The AIPE shows the applicant's community college as an accredited institution of higher learning. It does not indicate it is a postsecondary vocational- technical school. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Regarding his request to add his completion of the Basic Combatives Course (Level I) or Tactical Combatives Course (Level II), this course does not appear to meet regulatory requirements for inclusion on a DD Form 214. * the memorandum provided by the applicant shows he attended this course on 5 March 2016 * by regulation, item 14 on the DD Form 214 only addresses military education completed during the period of the DD Form 214 in question * the applicant was discharged on 5 March 2009, more than 7 years prior to the course completion date * even it if had been completed during his term of active service, the regulation states training courses for combat skills will not be listed 2. As to his request to show an entry grade higher than PV2, the evidence of record does not appear to support his request. a. The applicant contends he had enough college credits to make him eligible for an entry pay grade of PFC/E-3. * the regulation permits prospective enlistees to enter the Army in the pay grade of PFC/E-3 when they have completed 48 or more classroom semester hours at an AIPE accredited college * the transcripts provided are from an AIPE accredited college, but show the completion of 27, not 48 semester hours * by regulation, enlistees with an associate’s degree will be enlisted at any time in pay grade PFC; the applicant has not submitted an AAS diploma indicating he earned an associate’s degree prior to his enlistment b. He claims the transcripts and training certificates meet the criteria for successful completion of 2 or more academic years of a postsecondary vocational-technical school for which a certificate of training was received attesting to successful completion of the course. (1) Based on the transcripts he submitted, the school he attended was an accredited community college; there is no indication it was a postsecondary vocational-technical school. Additionally, he does not include documentary evidence (i.e., a training certificate) showing he completed 2 years of training at a postsecondary vocational-technical school, as required by the regulation. (2) The applicant has submitted a number of certificates, some of which appear to overlap or be a part of the classes he took at the community college (i.e., the certificates for the Basic Police Academy where the community college transcripts also indicates two semesters of Basic Law Academy I and II). He does include evidence that provides context for the training certificates he has submitted such that it is clear they were part of a separate curriculum or training program, and that that program met the AIPE criteria for accreditation. c. The applicant also asserts he met the requirements for entry as an SPC/ E-4 under the ACASP. He claims, to be eligible for ACASP, the prospective enlistee must fulfill certain requirements: * be eligible for a Secret security clearance and SCI under AR 380-67; the evidence of record indicates he met security clearance requirements * meet additional requirements for MOS under AR 614-200; AR 614-200 addresses assignment restrictions; the evidence is insufficient to affirm he had no assignment restrictions * must have completed at least 2 years of accredited college studies in one of the following areas: political science, journalism, psychology, computer science, or geology; the transcripts show he studied Law Enforcement, not the aforementioned fields of study * have a minimum of 2 years' experience with a State or the Federal Government as an intelligence analyst, or in a related field; he stated (without documentation) he served as a Corrections Officer (not in an intelligence-related field) for more than 24 months prior to enlistment 3. The applicant's DD Form 1966 indicated he entered the Army as a PV2/E-2 because he had completed the Army pre-Basic Training task list while a member of the USAR DEP; the evidence of record indicates he held this rank until his discharge. The evidence shows the entry grade of PV2/E-2 was correct and was correctly recorded on his DD Form 214. BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006807 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006807 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006807 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2