ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20160015619 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * delayed entry service on 5 June 1992 * advanced individual training (AIT) as 4 weeks vice 13 weeks * deployment to Somalia * expert marksmanship badges for the "50-cal, M-60, [and] 203, Humanitarian Joint Service, Presidential Citation," and any other awards to which he is entitled APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4/2 (Enlistment/Reenlistment Document – Armed Forces of the United States) * Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he was deployed to with the 62nd Supply and Services Company, Fort Hood, TX for a period in March 1993. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 5 June 1992. He was discharged from the Delayed Entry/Enlistment Program (DEP) to enlist in the Regular Army on 10 July 1992. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) includes the following information: a. Item 5 (Oversea Service) does not contain any entries. b. Item 9 (Awards, Decorations and Campaigns) lists the Army Service Ribbon, the National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). c. Item 17 (Civilian Education and Military Schools) shows he completed the 13-week Light Wheel Vehicle Mechanic Course at Fort Jackson, SC in 1992. d. Item 35 (Record of Assignments) shows he performed AIT for military occupational specialty 63B (Light Wheel Vehicle Mechanic) from 11 September to 13 October 1992, a period of 1 month and 3 days. 5. His available military personnel records do not show he performed any foreign service. In addition, during the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which did not show he performed any foreign service. 6. There is no evidence in his available records and he did not provide evidence in the form of official orders or a weapons scorecard to support award of additional marksmanship badges. 7. There is no evidence he was recommended for or awarded the Humanitarian Service Medal or that he was authorized permanent wear of the Presidential Unit Citation. 8. The applicant was discharged on 4 March 1994. The DD Form 214 he was issued shows in: * Item 12f (Foreign Service) no foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar * Item 14 (Military Education) Light Wheel Vehicle Mechanic Course, 13 weeks, 1992 9. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Time spent in the USAR DEP is not considered a period of active service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. His record supports correcting the record regarding the length of the Light Wheel Vehicle Mechanic course. However, the record is absent evidence to further correct the DD Form 214: item 12a is correct, as the Delayed Entry Program is not considered a period of active service; item 12f (and item 18, remarks for foreign service) is correct as his record is absent evidence that shows he served in Somalia; and there is no record of additional medals for item 13. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending the applicant’s DD Form 214: Enter in item 14 (Military Education) “LIGHT WHEEL VEHICLE MACHANIC COURSE, 4 WKS, 92.” 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 a. item 12a (Date Entered AD This Period) b. item 12f (Foreign Service) c. item 13 (Decorations, Medals, etc.) d. item 18 (Remarks) 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-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), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. 3. Army Regulation 600-8-22 (Military Awards) provides the following guidance: a. Paragraph 2-14 states the Humanitarian Service Medal is awarded to Servicemembers of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DOD or DA approved significant military act or operation of a humanitarian nature. After 1 April 1975, but on or before January 6, 2016, the recipient must have been physically present at the designated location, having directly contributed to and influenced the action. The designated location is the immediate site(s) of the humanitarian operations as defined by the Department of State’s request for assistance. b. Paragraph 7-2 (Announcement of Unit Awards) states an approved unit award is for the designated unit and is authorized to members of that unit who participated in the cited action. Personnel who did not participate in the designated action, but who are assigned to the cited unit, are authorized temporary wear of the unit award. c. Paragraph 7-12 states the Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign. For valor and heroism awards, the length of time is a consideration and it will be only for the time of the specific heroic event or action. Extended periods of combat duty or participation in a large number of operational missions, either ground or air, is not sufficient. This award will normally be earned by units that have participated in single or successive actions covering relatively brief time spans. ABCMR Record of Proceedings (cont) AR20160015619 2 1