ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  BOARD DATE:  26 June 2019

                  DOCKET NUMBER:  AR20170015065

APPLICANT REQUESTS: 

* his character of service be corrected in the Defense Enrollment Eligibility Reporting System (DEERS)
* award of the Global War on Terrorism Service Medal (GWOTSM)
* date of birth (DOB) correction
* his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a staff sergeant (SSG)/E6

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Excerpt from Army Regulation 600-8-22, chapter 2-19 (Military Awards),  (GWOTSM) requirements
* A copy of his U.S. Passport
* Marriage Record
* Orders 057-132, dated 26 February 2001
* A letter from the Department of Defense Medical Registry, dated 20 November 2001
* A copy of his military identification card (ID), showing his rank as SSG/E6
* A copy of his Florida driver's license
* DD Form 214 for the period ending 28 December 2001

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the Army Board for Correction of Military Records (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.  DEERS is a Department of Defense system.  There is no evidence that the applicant has exhausted his administrative remedies by attempting to have the DEERS system corrected to reflect his correct character of service.  The applicant must provide the local DEERS office with a copy of his most recent DD Form 214 to show his accurate characterization of service.  This portion of his request is not actionable by the Board; and as such, will not be addressed further. 

3.  The applicant states:
   
   a.  He was never awarded or issued the GWOTSM.  Pursuant to Army Regulation 
600-8-22 (Military Awards), the award became authorized to "any Soldier on active duty on or after 11 September 2001, having served 30 consecutive days or 60 nonconsecutive days, are authorized the GWOTSM.
   
   b.  His DOB is incorrect; it should be .
   
   c.  His DOR is correct, but not his rank.

4.  The applicant's record shows he had prior honorable service in the U.S. Marine Corps from 1986 to 1991.  His DD Form 214 for that period shows, in item 5 (DOB), "680101."

5.  On 8 June 1999, he enlisted in the Regular Army (RA.)

6.  Orders 057-132, dated 26 February 2001, shows he was promoted in the RA from sergeant (SGT)/E5 to SSG/E6, effective, 1 March 2001.  His promotion orders shows the promotion was conditional based upon the completion of his service school.

7.  The applicant attended his service school and was dis-enrolled in September 2001 for not meeting course standards

8.  On 28 December 2001, he was honorably discharged due to a physical condition, not a disability.  His DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) – "SPC"
* item 4b (Pay Grade) – "E4"
* item 5 (DOB) – ""
* item 12h (Effective Date of Pay Grade) – "20010301"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the award of the GWOTSM is not listed
* item 24 (Characterization of Service) – "HONORABLE" 

9.  There is no derogatory information in the applicant's record to show he was reduced in rank.

10.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers, activated on or after 11 September 2001, having served 
30 consecutive days or more, are eligible for the GWOTSM. 
10.  The applicant provides copies of his:

* military ID card that shows his rank as SSG/E-6
* promotion orders promoting him to the grade/rank SSG/E-6, effective 1 March 2001, which is the date listed on his DD Form 214, item 12h
* his marriage certificate, passport, and driver's license, which shows his DOB as 

BOARD DISCUSSION:
After review of the application and all evidence, the Board determined partial relief is warranted.  The applicant’s contentions were carefully considered.  His official birth certificate and USMC separation document confirm his DOB is incorrect on his DD Form 214.  He served during a qualifying period to receive the GWOSTM, however, the medal is not listed on his DD Form 214.

The applicant was conditionally promoted to the rank SSG based upon a requirement to complete his service school training.  The record shows he did not meet course standards, which validates he should not have been separated at the rank of SSG.  He separated at the rank of SPC.  The record is absent evidence of circumstances leading to his separation at the rank of SPC instead of at the rank of SGT.  As a matter of administrative regularity, the Board is reluctant to grant relief showing he was at least a SGT, as he authenticated his DD Form 214 showing that rank at the time of his separation, as well as his installation separation/clearing papers.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3
:	      :	      :	FULL GRANT
: :X	:X	:X	PARTIAL GRANT
:	      :	      :	FORMAL HEARING GRANT
:	      :	      :	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 his DD Form 214 for the period ending 28 December 2001 by showing his date of birth as 1 January 1968, and by adding the GWOTSM.

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 amending his DD Form 214 to show his rank as SSG.


												
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.


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 600-8-22 prescribes policies and procedures for military awards.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal.  

   a.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 

   b.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

3. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214.  Source documents include prior DD Forms 214, Forms 2 and 2-1 (Personnel Qualification Records) as well as enlistment/reenlistment documents and orders.  The DOB to be shown on the DD Form 214 is taken from these source documents.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                                  AR201700150650 0

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