ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20190003268


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 22 April 2007 to show the location of his deployment as Operation Enduring Freedom instead of Operation Iraqi Freedom and that he received military occupational specialty (MOS) 35M (Human Intelligence Collector).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Memorandum for Record, dated 16 May 2006 with personnel roster excerpt
* DD Form 214
* Orders C-05-909135, dated 11 May 2009
* Order Number: 014172, dated 5 January 2010
* DA Form 1059 (Service School Academic Evaluation Report), covering the period 19 March 2010 through 28 March 2010 
* FH Form 672-4-R (U.S. Army Intelligence School Diploma), dated 27 March 2010

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 Board will not consider the portion of the applicant's request that relates to correcting the location of his deployment on his DD Form 214 as this contention will be addressed through an administrative correction.  

3.  The applicant states he served in the Islamic Republic of Afghanistan (i.e. OEF) and item 18 (Remarks) of his DD Form 214 states he served in the Republic of Iraq 
(i.e. OIF), which is incorrect.  After his active duty service, he went to the Reserves and attended school for MOS 35M and would like it reflected on his DD Form 214.  

4.  The applicant enlisted in the Regular Army on 23 January 2003.  He completed initial entry training and was awarded MOS 13M (MLRS/HIMARS Crewmember). 

5.  The applicant was honorable released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 22 April 2007 upon completion of required active service.  He completed 4 years and 3 months of net active service.  Item 11 (Primary Specialty) of his DD Form 214 shows the entry "13M20 MLRS/HIMARS Crew – 3 YRS 11 MOS." 

6.  The applicant provides:

     a.  Orders C-05-909135, issued by U.S. Army Human Resources Command (AHRC), dated 11 May 2009 reassigned the applicant from the USAR Control Group and assigned him to a troop program unit.  It further noted his expiration term of service date as 18 November 2010.

     b.  Order Number 014172, issued by 99th Regional Support Command, Fort Dix, NJ, dated 5 January 2010 ordering his to active duty training (ADT) school for a period of 
73 days for MOS 35M training.  

     c.  DA Form 1059, dated 26 March 2010, covering the period 19 -28 March 2010 shows he completed Phase 4 of 35M training and thereby completed the requirements for MOS 35M.

     d.  FH Form 672-4-R, dated 27 March 2010 shows he graduated the Human Intelligence Collector Course from 15 January 2010 through 27 March 2010.

7.  The applicant subsequently enlisted in the Oregon Army National Guard (ORARNG) for a period of one year on 29 December 2010 and was honorably discharged on 
28 December 2011. 

8.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, 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.  It stated the DD Form 214 is 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.  This regulation also stated to enter the title of all MOSs served for at least 1 year and include for each MOS the number of years and months served.  Do not count basic training and advanced individual training.





BOARD DISCUSSION:

1.  The Board reviewed the applicant’s request with supporting documents as well as the evidence in his records.  The Board determined that there is an error on his DD Form 214 in that Item 18 (Remarks) should reflect service in OEF (Afghanistan) rather than OIF (Iraq).  The Board further determined that he completed required training for MOS 35M after the period of active duty service recorded on the DD Form 214.

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 by amending his DD Form 214 for the period ending 22 April 2007 by showing in Item 18 Remarks -Service in OEF 20060322 – 20070306 as shown in the Administrative Notes below.

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 adding MOS 35M to his DD Form 214.  


	 
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 provides a memorandum for record, dated 16 May 2006 with a personnel roster that shows he participated in OEF at Forward Operating Base Salerno, Afghanistan.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Afghanistan Campaign Medal.  This is sufficient to make the following correction on the applicant's DD Form 214, for the period ending 22 April 2007 without action by the Board by deleting from item 18 (Remarks) the entry "SERVICE IN OIF 20060322-20070306" and replacing it with the entry "SERVICE IN AFGHANISTAN FROM 20060322-20070306." 

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), 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.  It stated the DD Form 214 is 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.  

     a.  A Reserve component (RC) Soldier would be provided a DD Form 214 after completing 90 days of more of continuous active duty training (ADT).  

     b.  For item 11, the preparer should enter the title of all MOS or AOC served for at least 1 year and include for each MOS/AOC the number of years and months served at the time of separation.  Do not count basic training and advanced individual training.   


ABCMR Record of Proceedings (cont)	 AR20190003268
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