RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 OCTOBER 2004
      DOCKET NUMBER:  AR20040003578


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1992 separation document be corrected
to reflect a second award of the Army Commendation Medal, an award of the
Meritorious Service Medal, award of the Army Physical Fitness Badge, the
Presidential Physical Fitness Badge, the Fort Lewis Distinguished Soldier’s
Medal, and completion of the Infantry Leadership Training Course.

2.  The applicant states, in effect, that with the exception of the
Meritorious Service Medal, which was awarded at Fort Polk, Louisiana, the
remaining awards were issued at Fort Lewis, Washington.  He states that he
was told that his Meritorious Service Medal would be mailed to him and that
he maintained a score 290 or more for 10 consecutive years on the Army’s
Physical Fitness Test.

3.  The applicant provides a copy of his 1992 separation document, a copy
of the course completion certification for the Infantry Leadership Training
Course with the notation that the course consisted of 7 subcourses, a
certificate of achievement identifying him as the “9th Infantry Division
Distinguished Soldier” for the period 26 April 1983 to 26 April 1984, a
January 1991 memorandum to the applicant’s gaining command summarizing his
achievements “to assist in the preparation of an end-of-tour award,” and
information concerning the Army Physical Fitness Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 November 1992.  The application submitted in this case
is dated
15 December 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
Meritorious Service Medal and a second award of the Army Commendation
Medal.  Although the applicant submits a copy of a memorandum, which may
have been intended for use in preparing an end-of-tour award, there are no
orders or other evidence authorizing award of the Meritorious Service Medal
or a second award of the Army Commendation Medal.  In the absence of a
proper award authority for these decorations, the applicant may request
award of the Meritorious Service Medal and second award of the Army
Commendation Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for these decorations under Section 1130 and,
as a result, those awards will not be discussed further in the Record of
Proceedings.

4.  Records available to the Board indicate that the applicant entered
active duty on 6 January 1983, trained as a mechanic, and was promoted to
pay grade E-6 in May 1991.

5.  Documents provided by the applicant indicate that he was designated as
the 9th Infantry Division Distinguished Soldier in 1984.  As a result of
the designation, he received a certificate of achievement.

6.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution the Department of Defense (DD) Form 214
(Certificate of Release or Discharge from Active Duty).  It notes that item
13 on that document will reflect decorations, medals, badges, citations and
campaign ribbons awarded or authorized for all periods of service.
Certificates of Achievement, Letters of Appreciation, and similar documents
are not recorded on the DD Form 214.

7.  According to the course completion document the applicant submitted to
document completion of the Infantry Leadership Training Course the
applicant was assigned to Fort Stewart, Georgia at the time he received
notification of the course completion.  The notification came from the Army
Institute for Professional Development at the United States Training
Support Center in Newport News, Virginia, which overseas the Army’s
correspondence course program.  The notification document contains the
handwritten notation on the bottom that the course was comprised of seven
subcourses for a total of 28 credit hours.

8.  Army Regulation 635-5 states that item 14 (military education) will
list formal in service (full-time attendance) training courses successfully
completed during the period of service covered by title, length in weeks,
and month and year completed.  Correspondence courses are not considered
“formal in service (full-time attendance) training courses” and as such are
not recorded on the separation document.



9.  The Army Physical Fitness Badge was established in 1986 and awarded to
Soldiers who obtain a minimum score of 290 on the Army Physical Fitness
Test and met the weight control requirements of Army Regulation 600-9.
Once the badge is awarded, it may be retained as long as a minimum passing
score is achieved on subsequent fitness test.  The Department of the Army
Form 705 (Army Physical Readiness Test Scorecard) will be used to document
a Soldier’s entitlement to wear the badge.  The badge is cloth and worn
only on the physical fitness uniform.  The applicant’s file did not contain
his fitness test scorecard.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have been designated as the 9th Infantry
Division Distinguished Soldier, he received a certificate of achievement
and not a personal decoration.  Certificates of appreciation are not
recorded on the DD Form 214.

2.  Because the applicant completed the Infantry Leadership Training Course
by correspondence, rather than via full-time attendance, it is not
authorized for recording on his separation document.

3.  Although the applicant maintains that he was awarded the Army Physical
Fitness Badge while on active duty, the source document for that badge and
the appropriate vehicle for reflecting such an entitlement would be on his
Army Physical Readiness Test Scorecard.  The badge is not awarded
permanently and retention is subject to continually meeting certain
physical fitness and weight control standards.  As such, the badge, even if
reflected on a fitness test scorecard would not be recorded on an
individual’s separation document.

4.  There is no evidence that the applicant was awarded the Presidential
Fitness Badge.  However, like other awards bestowed by community, local, or
civilian organizational even if there were evidence that the applicant had
received the badge, it would not be recorded on his separation document
because it would not be considered a “military” award or decoration.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 November 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 November 1995.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WM___  __PS ___  __PM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Walter Morrison______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003578                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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