IN THE CASE OF: BOARD DATE: 29 March 2011 DOCKET NUMBER: AR20100023932 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 June 2003 be corrected to show the Army Achievement Medal with First Oak Leaf Cluster instead of the Army Achievement Medal. He also requests item 14 (Military Education) of this DD Form 214 be corrected to show he completed the Primary Leadership Development Course (PLDC) and German Headstart Course. 2. The applicant states: * mistakes were made by the person entering data on his DD Form 214 in June 2003 * he attended both classes and they should be entered on his last DD Form 214 3. The applicant provides: * DD Forms 214 for the periods ending 6 November 1991 and 3 June 2003 * orders for the Army Achievement Medal with 1st Oak Leaf Cluster, dated 16 January 1990 CONSIDERATION OF EVIDENCE: 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the 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. Having prior active service in the Regular Army (RA) and inactive service in the U.S. Army Reserve, he enlisted in the RA on 21 July 1981. He remained on active duty through continuous reenlistments. On 6 November 1991, he was honorably discharged. 3. Item 13 of his DD Form 214 for the period ending 6 November 1991 shows the Army Achievement Medal as an authorized award. Item 14 of this DD Form 214 shows he completed the 4-week PLDC in 1982 and the 1-week German Headstart Course in 1987. 4. Orders, dated 16 January 1990, show he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster. 5. Having prior inactive service in the Army National Guard, he enlisted in the Army National Guard on 25 September 2001. He was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom. On 3 June 2003, he was released from active duty. 6. Item 13 of his DD Form 214 for the period ending 3 June 2003 shows the Army Achievement Medal as an authorized award. 7. Army Regulation 635-5 (Separation Documents) 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 the preparation of the DD Form 214. The regulation states that item 14 will list in-service training courses by title, number of weeks, and year successfully completed during this period of service. DISCUSSION AND CONCLUSIONS: 1. Orders show he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster on 16 January 1990. His DD Forms 214 for the periods ending 6 November 1991 and 3 June 2003 should be corrected to show this medal. 2. Since the governing regulation states item 14 will list in-service training courses successfully completed during the period of service covered, there is no basis for granting his request to amend item 14 of his DD Form 214 for the period ending 3 June 2003 to show courses he completed prior to his entry on active duty on 10 February 2003. The 1982 PLDC and 1987 German Headstart Course are properly shown in item 14 of his DD Form 214 for the period ending 6 November 1991. BOARD VOTE: ________ ________ ________ 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: a. deleting the entry "ARMY ACHIEVEMENT MEDAL" from item 13 of his DD Form 214 for the period ending 6 November 1991 and replacing it with the entry "ARMY ACHIEVEMENT MEDAL (2ND AWARD)" and b. deleting the entry "ARMY ACHIEVEMENT MEDAL" from item 13 of his DD Form 214 for the period ending 3 June 2003 and replacing it with the entry "ARMY ACHIEVEMENT MEDAL (2ND 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 amending item 14 of his DD Form 214 for the period ending 3 June 2003. _________X___________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100023932 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1