ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 January 2020 DOCKET NUMBER: AR20190007690 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge) for the period ending 19 November 2002 to show: * the rank/grade of specialist (SPC)/E-4 instead of private first class (PFC)/E-3 * additional active duty service * additional awards and decorations APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 19 November 2002 * Orders Number M-077-0014, dated 18 March 2003 * Permanent Orders (PO) Number 099-003, dated 9 April 2003 * Orders Number 146-18, dated 25 May 2004 * Orders Number A-10-410627, dated 21 October 2004 * Army Achievement Medal Certificate, dated 21 March 2005 * Meritorious Service Medal Certificate, dated 7 September 2005 * Orders Number 09-166-00020, dated 15 June 2009 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, he is submitting all of his orders and awards as proof to correct his DD Form 214. 3. The applicant’s awards request is supported by sufficient evidence; therefore, they will be administratively corrected under ADMINISTRATIVE NOTES and will not be considered by the Board. The Board will consider: * promotion to the rank/grade of specialist (SPC)/E-4, in lieu of, private first class (PFC)/E-3 * active duty service 4. The applicant further states he was provided misinformation regarding updating of his DD Form 214 during demobilization. He only came to find an error when he applied for Veterans preference for a government position and was told his DD Form 214 did not reflect his active duty time. 5. A review of the applicant’s official records shows on: * 18 June 2001 – the applicant enlisted in the U.S. Army Reserve (USAR) * 11 September 2001 – a DA Form 4187 (Personnel Action) was completed, which promoted the applicant to the rank of PFC effective 18 June 2001 and date of rank on 11 September 2001 * 18 March 2003 – Orders Number M-077-0014, issued by Headquarters, 77th Regional Support Command, ordered the applicant to active duty in support of Operation Enduring Freedom for a period of 352 days effective on 23 March 2003 (assigned to Detachment 8, 4219th U.S. Army Hospital); his rank was SPC * 24 February 2004 – Orders Number A-04-055-00024, issued by the 77th US Army Regional Support Command, amended Orders Number M-077- 0014 insomuch as changing the applicant’s period of active duty from 352 days to 455 days; his rank was SPC * 21 October 2004 – Orders Number A-10-410627, issued by the U.S. Army Human Resources Command, St. Louis, MO, ordered the applicant to active duty in support of Operation Noble Eagle under the provisions of section 12301 (D) and 12314 with duty at Walter Reed Army Medical Center for a period of 179 days effective on 1 November 2004; his rank was SPC * 15 June 2009 – Orders Number 09-166-00020, issued by Headquarters, 3rd Medical Deployment Support Command, honorably discharged the applicant from the USAR; his rank was SPC * the applicant’s records are void of any DD Forms 214 for the periods of activation aforementioned or orders pertaining to demobilization * his record is void of any awards and decorations orders * his record is void of documents promoting him to the rank of SPC 6. The applicant provides, in addition to what was already mentioned in his service records, the following documents: * , issued by Headquarters, U.S. Army Fort Dix, NJ, showing individuals assigned to Detachment 8, 4219th U.S. Army Hospital were deployed in the continental U.S. in support of Operation Enduring Freedom effective date 10 April 2003 * Orders Number 146-18, issued by Headquarters, Walter Reed Army Medical Center, reassigned the applicant to the demobilization station upon completion of duties in support of Operation Enduring Freedom with a report date of 8 June 2004; his rank was SPC * Army Achievement Medal Certificate, dated 29 March 2005 with Permanent Order Number 88-11; his rank was SPC * Meritorious Service Medal Certificate, dated 7 September 2005 with Permanent Order Number 250-18; his rank was SPC * DD Form 214, dated19 November 2002, for completion of MOS training, his rank was PFC 5. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for USAR Soldiers mobilized under Title 10 USC, sections 12301(a), 12302, or 12304. 6. AR 600-8-19 (Enlisted Promotions and Reductions) in effect at the time states, DA Form 4187 will be used for promotions from PV2 to SPC for all USAR Soldiers. Automatic promotion to SPC are 24 months time in service and 6 months time in grade. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. The Board also concurred with the corrections described in Administrative Notes below. 2. When the applicant was released from active duty on 19 November 2002, he had not yet been advanced to SPC/E-4. The DD Form 214 issued at that time correctly shows his rank as PFC/E-3. The Board determined there is no error or injustice in the rank shown on this DD Form 214. 3. The Board agreed that the applicant had two additional periods of active duty as a member of the USAR for which he should have been issued DD Forms 214. The Board determined that failure to issue those forms is an injustice and the forms should be crated and issued to him. 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 that, in addition to the corrections described in Administrative Notes below, 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 issuing DD Forms 214 documenting: * 455 days of active duty service that commenced on 23 March 2003 * 179 days of active duty service that commenced on 1 November 2004 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 any relief in excess of that described 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 NOTES: 1. Reference the enclosed request for correction of military records, correct the applicant's record by adding the following awards to his Official Military Personnel File: * Army Achievement Medal * Meritorious Service Medal * Global War on Terrorism Service Medal (GWOTSM) 2. The following documents are sufficient to justify correction of his record without action by the Board. * Army Achievement Medal Certificate, dated 29 March 2005 with Permanent Order Number 88-11 * Meritorious Service Medal Certificate, dated 7 September 2005 with Permanent Order Number 250-18 * open source research revealed that Major General K- F- was the senior commander at North Atlantic Regional Medical Command and the approval authority on the applicant’s Meritorious Service Medal * open source research revealed that Colonel R- C- was the Walter Reed Army Medical Center Brigade senior commander and the approval authority on the applicant’s Army Achievement Medal * Army Regulation 600-8-22 (Military Awards) states 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 * 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 3. Please correct the applicant’s record by adding the awards shown above. Provide the applicant a copy of the corrections and the medals and citations, as applicable. Please ensure the corrections are recorded in the applicant’s official military personnel record 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. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for USAR Soldiers mobilized under Title 10 USC, sections 12301(a), 12302, or 12304. 3. AR 600-8-19 (Enlisted Promotions and Reductions) in effect at the time states, DA Form 4187 will be used for promotions from PV2 to SPC for all USAR Soldiers. Automatic promotion to SPC are 24 months’ time in service and 6 months’ time in grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007690 4 1