ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:   

	BOARD DATE:  11 February 2020

	DOCKET NUMBER:  AR20180016879


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge 
from Active Duty), for the period ending 19 July 2002 be corrected to show in:

*	item 4a (Grade, Rate, or 
Rank) the entry "SGT" instead of "SPC"
*	item 4b (Pay Grade) the entry 
"E-5" instead of "E-4"
*	item 8a (Last Duty Assignment 
and Major Command) the entry "220th MP CO" instead of "CO B 795th MP 
BN TR TC"
*	item 8b (Station Where 
Separated) the entry "Denver, CO" instead of "Fort Leonard Wood, MO 
65473-8935"
*	item 13 (Decorations, Medals, 
Badges, Citations and Campaign Ribbons Awarded or Authorized) the 
entries:

*	 Army Service Ribbon (ASR)
*	National Defense Service 
Medal (NDSM)
*	Army Achievement Medal 
(AAM)
*	U.S. Army Reserve 
Components Achievement Medal (ARCAM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	NGB Form 22 (National Guard Bureau – Report of Separation and Record of 
Service), for the effective date 20 July 2007

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 (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 his DD Form 214 only has his military occupational specialty 
(MOS) school information and does not show his entire military career.    

3.  The applicant enlisted in the Colorado Army National Guard (COARNG) on  
15 October 2001.  

4.  Orders 203-12, issued by the Military Entrance Processing Station, Denver, CO 
on 15 October 2001 ordered him to initial active duty for training at Fort Leonard 
Wood, MO to complete training in MOS 95B (Military Police) with a report date of  
13 March 2002.

5.  The applicant was honorably released from active duty training on 19 July 2002.  
His DD Form 214 shows he completed 4 months and 8 days of net active service 
and was awarded MOS 95B.  The DD Form 214 also shows in:

*	Item 4a and 4b the entries "SPC" and E-4" respectively
*	Item 8a and 8b the entries "CO B 795th MP BN TR TC" and Fort Leonard 
Wood, MO 65473-8935" respectively 
*	Item 13 the entry "Army Service Ribbon [ASR]"

6.  A review of his official military personnel file revealed the following 
documents/actions, which occurred after his release from active duty training:

     a.  Orders 343-028, issued by COARNG Element, Joint Force Headquarters, on 
8 December 2004 promoting the applicant to the rank/grade of "SGT/E-5" effective 
24 November 2004. 

     b.  A DA Form 4980-18 showing the applicant was awarded the Army 
Achievement Medal (AAM), by Permanent Orders #342-008 covering the period  
1 September 2005 to 6 October 2005. 

     c.  A memorandum issued by the COARNG on 20 March 2006 shows the 
applicant was awarded the Army Reserve Component Achievement Medal 
(ARCAM) for the period of service from 15 October 2001 to 14 October 2004.  

7.  The applicant was honorably discharged from the COARNG effective 20 July 
2007.  His NGB Form 22 shows in:

     a.  Item 5a (Rank), the entry "SGT."

     b.  Item 5b (Pay Grade), the entry "E-5."  

     c.  Item 6 (Date of Rank), the entry "04 11 24" representing he was promoted to 
SGT effective 24 November 2004.  

     d.  Item 8a (Station or Installation at Which Effected), the entry "220th Military 
Police CO, Denver, Co 80216-6224."

     e.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded This Period), the entry "ASR/NDSM [National Defense 
Service Medal]/AAM/ARCAM."

8.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000 
states the DD Form 214 provides a brief, clear-cut record of active Army service at 
the time of release from active duty, retirement, or discharge and to enter the 
following in:

     a.  Item 4a and 4b, to enter active duty grade or rank and pay grade at time of 
separation from ERB/ORB. 

     b.  Item 8a, to enter last unit of assignment, major command with the 
corresponding two character assignment code.

     c.  Item 8b, to enter location where Soldier is transitioning, include State or 
country. 

     d.  Item 13, to list awards and decorations for all periods of service in the priority 
sequence specified in Army Regulation 600-8-22 [Military Awards].  Each entry will 
be verified by the Soldier's records.  Do not use abbreviations.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service, the reason for his period of active duty, his separation and return 
to his ARNG unit of assignment and his promotion and awards received following his 
period of active duty.  The Board considered policy pertaining to completion of DD 
Forms 214 and found that the entries reflected on the applicant’s DD Form 214 
accurately reflected the circumstances as they existed at the time of his discharge 
from active duty, with the exception of the missing NDSM.  Based on a 
preponderance of evidence, the Board determined that a correction to the 
applicant’s D Form 214 was appropriate

2. After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.










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 in 
accordance with the Administrative Note(s) that follow.

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 relief in excess of that stated above.


	  
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 served on active duty from 12 March 
2002 through 19 July 2002, during a period of service that authorized the entitlement 
to the National Defense Service Medal.  It is currently listed on his NGB Form 22; 
however, it should also be listed in item 13 on his DD Form 214.    
 




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), dated 15 September 2000, 
prescribes the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It 
establishes standardized policy for preparation of the DD Form 214.  It states the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  It is important that information 
entered on the form is complete and accurate.  Chapter 2 contains specific guidance 
for preparation of the DD Form 214.  It states for:

     a.  Item 4a and 4b, to enter active duty grade or rank and pay grade at time of 
separation from ERB/ORB. 

     b.  Item 8a, to enter last unit of assignment, major command with the 
corresponding two character assignment code.

     c.  Item 8b, to enter location where Soldier is transitioning, include State or 
country. 

     d.  Item 13, to list awards and decorations for all periods of service in the priority 
sequence specified in Army Regulation 600-8-22 [Military Awards].  Each entry will 
be verified by the Soldier's records.  Do not use abbreviations.

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20180016879

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