IN THE CASE OF:

		BOARD DATE:  28 January 2019

		DOCKET NUMBER:  AR20160015088


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



		IN THE CASE OF:

		BOARD DATE:  28 January 2019

		DOCKET NUMBER:  AR20160015088


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty) to show:

*	his rank/pay grade as specialist four/E-4
*	award of the Army Achievement Medal
*	his military occupational specialty (MOS) as mechanized infantryman with 
additional specialty as radio transmission operator and M-203 grenade 
launcher rifleman
*	his certification as a PRC-77 radio transmission operator, M-113 armored 
personnel carrier tracked combat vehicle driver, M-35 2 1/2 ton cargo 
truck driver, and high mobility multi-purpose wheeled vehicle driver
*	his weapons qualifications for the M-203 grenade launcher, M-249 squad 
automatic weapon, M-60 machine gun, .50-caliber rifle, M-24 sniper 
weapon, M-47 Dragon medium anti-tank weapon system, M-79 grenade 
launcher, M-67 grenade, M-18 claymore mine, M-16 mine, and multiple 
integrated laser engagement system
*	his overseas training and weapons qualification in England and Scotland 
on the SA-80 fire gas-operated assault rifle and M-67 grenade, National 
Training Center Desert Warfare and military operations on urbanized 
terrain, winter warfare training, and war fighter battle command training 
program
*	his certification as combat field medic

2.  The applicant states the discrepancies could be due to his transfer from 
2d Battalion, 135th Infantry Regiment, Minnesota Army National Guard, to 
1st Battalion, 128th Infantry Regiment, Wisconsin Army National Guard, because 
his third year of enlistment was based on his attendance at the University of 
Wisconsin.  He was granted permission to transfer and completed an internship 
as well as an alternate advanced individual training.  There was no impact on his 
rank or pay.  All his scheduled training was made up in advance and he returned 
to his regular unit upon completion of his internship.  He recognized his fault for 
not checking more carefully at the time of his discharge.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  DD Form 149 (Application for Correction of Military Record under the 
Provisions of Title 10, U.S. Code, Section 1552) with a supporting document(s):

*	DD Form 214
*	Letter, Army Review Boards Agency, dated 12 June 2018

2.  Evidence from the applicant's service record and Department of the Army and 
Department of Defense records and systems showed there were no official 
military records found.

REFERENCES:

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.

2.  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 s 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.  The specific instructions 
for:

	a.  items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) stated to enter the 
active duty grade of rank and pay grade at the time of separation;

	b.  item 11 (Primary Specialty) stated to enter the MOS codes, titles, years, 
and months for warrant officers and enlisted personnel.  Do not count time in 
training (basic training, advanced individual training, or MOS-producing school);

	c.  item 12h (Effective Date of Pay Grade) stated to enter the effective date of 
promotion to the pay grade;



	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized) stated to enter awards for all periods of service; and

	e.  item 14 (Military Education) stated to list in-service training courses by title, 
number of weeks, and year successfully completed during this period of service 
(e.g., medical, dental, electronics, supply, administration, personnel, or heavy 
equipment operations).  This information is to assist the member after separation 
in job placement and counseling; therefore, training courses for combat skills will 
not be listed.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the 
Secretary of the Army acting through the ABCMR.  The ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of 
the evidence.

DISCUSSION:

1.  While 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.  His complete military records are not available for review.

3.  His available records show he enlisted in the Army National Guard in the 
rank/grade of private/E-1 on 28 October 1993.

4.  He was ordered to active duty for training (one-station unit training) at 
Fort Benning, GA, effective 3 August 1994.

5.  He was honorably released from active duty for training to the control of his 
Army National Guard unit on 10 November 1994.  He completed 3 months and 
8 days of active service during this period.

	a.  Item 4a and 4b of his DD Form 214 shows his grade, rate, or rank, and 
pay grade as private/E-1.

	b.  Item 11 of his DD Form 214 shows his primary specialty as 11B1O 
(Infantryman) for 0 years and 0 months.



	c.  Item 12h of his DD Form 214 shows his effective date of pay grade as 
28 October 1993.

	d.  Item 13 of his DD Form 214 shows he was awarded or authorized the 
Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade 
Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

	e.  Item 14 of his DD Form 214 shows no military education.

5.  His DD Form 214 shows the conditions as they existed at the time of his 
release from active duty upon completion of initial entry training on 10 November 
1994.

6.  The applicant is advised to contact his State Army National Guard to obtain a 
copy of his National Guard Bureau Form 22 (Report of Separation and Record of 
Service) showing his Army National Guard service and achievements 
subsequent to completion of initial entry training.


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)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160015088


4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2