ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 October 2018 DOCKET NUMBER: AR20160015428 APPLICANT REQUESTS: a. correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 2012 to show her service credit for completion of Officer Basic Training and b. correction of her DD Form 214 for the period ending 29 July 2016 to show award of the Army Commendation Medal (5th Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record), dated 17 August 2016 * DA Form 1059 (Service School Academic Evaluation Report), dated 15 June 2001 * memorandum, U.S. Army Academy of Health Sciences, dated 24 August 2001, subject: Referral of Academic Evaluation Report * DA Form 638 (Recommendation for Award), dated 5 June 2015 * DA Form 5016 (Chronological Statement of Retirement Points), dated 8 June 2016 * DA Form 638, dated 28 June 2016 * Army Commendation Medal Certificate, dated 28 June 2016 * letter, Army Review Boards Agency, Case Management Division, dated 3 October 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. She should be issued a DD Form 215 (Correction to DD Form 214) that adds her active duty service time for her completion of Officer Basic Training. b. Her award of the Army Commendation Medal (4th Award) from Fort Dix, NJ, and Army Commendation Medal (5th Award) from Fort Bliss, TX, is not shown on her DD Form 214 for the period ending 29 July 2016. 3. Her records contain sufficient evidence to administratively correct her DD Form 214 for the period ending 29 July 2016 to show award of the Army Commendation Medal (5th Award) without Board action. Her contention surrounding this award will not be discussed further in these Record of Proceedings. 4. The applicant was appointed as a Reserve commissioned officer on 19 April 2000. 5. She provided a copies of: a. her DA Form 1059, dated 15 June 2001, that shows she "marginally achieved course standards" for AMEDD (Army Medical Department) Officer Basic Training for the period 4 June 2001 to 15 June 2001 and b. U.S. Army Academy of Health Sciences memorandum, dated 24 August 2001, subject: Referral Academic Evaluation Report, which shows her DA Form 1059, dated 15 June 2001 was a referred report. 6. On 1 March 2009, she was ordered to active duty in support of Operation Enduring Freedom and she was honorably released from active duty on 28 February 2011. Her DD Form 214 for this period was voided by the ABCMR in Docket Number AR20130003720, dated 2 January 2014. 7. On 1 March 2011, she was ordered to active duty and she was honorably released from active duty on 6 January 2012. Her DD Form 214 for this period was voided by the ABCMR in Docket Number AR20130003720, dated 2 January 2014. 8. On 7 January 2012, she was ordered to active duty and she was honorably released from active duty on 12 September 2012. 9. On 2 January 2014 and in ABCMR Docket Number AR20130003720, the Board directed that: a. her DD Forms 214 for the periods ending 28 February 2011 and 6 January 2012 be voided in their entirety, b. the U.S. Army Human Resources Command audit her record of retirement points to determine the number of years, months, and days of prior active and in active service she completed before 1 March 2009, c. amendment of her DD Form 214 for the period ending 12 September 2012 to show she completed 3 years, 6 months, and 12 days of net active service during this period, and d. amendment of her DD Form 214 for the period ending 12 September 2012 to show the proper number of years, months, and days of prior active and inactive service completed before 1 March 2009 based on the U.S. Army Human Resource's Command audit. 10. On 1 April 2014, she was issued a DD Form 215 which amended her DD Form 214 for the period ending 12 September 2012 to show in: a. block 12c (Net Active Service This Period) – 3 years, 6 months, and 12 days, b. block 12d (Total Prior Active Service) – 5 months and 16 days, and c. block 12e (Total Prior Inactive Service) – 8 years, 4 months, and 26 days. 11. Southeast Medical Area Support Group Orders 14-216-00001, dated 4 August 2014, ordered her to active duty as a member of her Reserve Component unit in support of Operation Enduring Freedom for a period of 365 days with a reporting date on 5 September 2014. 12. Headquarters, Army Support Activity, Joint Base McGuire-Dix-Lakehurst, Orders Number 155-0001, dated 4 June 2015, released her from active duty effective 17 June 2015. 13. Her DD Form 214 for the period ending 17 June 2015 shows, in part, in: a. block 12c – 9 months and 13 days, b. block 12d – "SEE BLOCK #18," c. block 12e – "SEE BLOCK #18," and d. block 18 (Remarks) – "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//SEPARATION FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT//." 14. On 24 June 2015, she was ordered to active duty as a member of her Reserve Component unit in support of Operation Enduring Freedom for a period of 365 days. 15. She provided copies of: a. her DA Form 5016, dated 8 June 2016, that shows her creditable total points and qualifying years for retirement and b. her DA Form 638, dated 28 June 2016, that shows she was awarded the Army Commendation Medal (5th Award) for the period 31 July 2015 to 29 July 2016 and her accompanying Army Commendation Medal Certificate. 16. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bliss, Orders Number 202-0051, dated 20 July 2016, released her from active duty effective 29 July 2016. 17. On 29 July 2016, she was honorably released from active duty. Her DD Form 214 for this period shows, in part, in: a. block 12c – 1 year, b. block 12d – the entry, "SEE BLOCK #18," c. block 12e – the entry, "SEE BLOCK #18," and d. block 18 – "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//ITEM 12D DOES NOT ACCOUNT FOR ANY ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A//" BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that no other relief, other than the administrative correction for Army Commendation Medal (5th Award) as outlined below was warranted. The Board determined that there was insufficient evidence that the period of the applicant’s attendance at OBC from 4 June 2001 to 15 June 2001 was not included in the prior active service shown on her DD Form 214 for the period ending 12 September 2012. 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 correcting her DD Form 214 for the period ending 29 July 2016 to show award of the Army Commendation Medal (5th Award) instead of (4th Award). 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 correction of her DD Form 214 for the period ending 12 September 2012 to show her service credit for completion of Officer Basic Training. 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): The applicant's DD Form 214 for the period 29 July 2016 shows she was awarded the Army Commendation Medal (4th Award) instead of Army Commendation Medal (5th Award). This DD Form 214 should be corrected to show her award of the Army Commendation Medal (5th Award). 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 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), in effect at the time, prescribed policy and procedural guidance relating to transition management. It established standardized policy for preparation of the DD Form 214 which provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Instructions stated for: a. block 12c, to enter the amount of service for the period covered on the DD Form 214, computed by subtracting block 12a from 12b. b. block 12d, to enter total amount of prior active military service less lost time, if any from previously issued DD Form 214, DD Form 220 (Active Duty Report), DA Form 1506, or Retirement Point Annual Statement. c. block 12e, to enter the total amount of prior inactive service, less lost time, if any, from previously issued DD Form 214, Retirement Point Annual Statement, DA Form 1506, or the service member’s record brief. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160015428 5 1