RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011363


      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             |
|     |Mr. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) with a separation date of 16 February 1987 be
brought up to date.

2.  The applicant states that his DD Form 214 is missing medals, citations,
training and schooling.  He also states that he needs the DD Form 214
brought up to date in order to get appropriate points on the U. S. Post
Office test.

3.  The applicant provides a sheet entitled "Documentation" containing the
items he wants added to his DD Form 21.  These items inlclude a Big Bend
Community College Certificate of Progress; a Big Bend Community College
Certificate of Course Completion; an M-A-N Service Training Course
Certificate; two Army Achievement Medal Certificates, dated 30 June 1983
and 17 December 1986, respectively; a Certificate of Training for the
Mountain Training Course; a Certificate of Achievement; a High Performance
Award for Excellence Certificate; and a Certificate of Commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 February 1987.  The application submitted in this case is
dated 10 December 2004.

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 limitations 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 entered active duty on 17 February 1983.  Upon completion
of basic training and advanced individual training he was awarded the
military occupational specialty (MOS) 63B (Light Vehicle Driver).

4.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters I Corps PERMANENT ORDERS 130-5, dated 6 July 1984.  This order
awards the applicant the Army Achievement Medal for the period 24 March
1984 through 8 June 1984
5.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters 2nd Battalion, 9th Field Artillery Regiment PERMANENT ORDERS
31-13, dated 2 December 1986.  This order awards the applicant the Army
Achievement Medal (1st OLC) for the period 20 November 1984 through 19
December 1986.

6.  The applicant has provided an M-A-N Service Training Course Certificate
that he competed on 13 June 1986.  A copy of this certificate was found in
his OMPF as well.

7.  The applicant has provided a Certificate of Training from the Mountain
Training Course competed on 12 August 1983.  A copy of this certificate was
also found in his OMPF.

8.  The applicant has provided two certificates from Big Bend Community
College, a civilian school, a Certificate of achievement dated 21 June
1985, a Performance award dated 8 April 1986 and a Certificate of
Commendation dated 8 June 1988.

9.  Army Regulation 635-5 (Separation Documents) provides that item 13
(Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 will contain awards and decorations for all
periods of service.

10.  Army Regulation 635-5 also provides that item 14 (Military Education)
will contain formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form
214.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Army Achievement
Medal with One Oak Leaf Cluster.  Therefore, his records should be
corrected to show this award.

2.  The M-A-N Service Training Course and the Mountain Training Course are
military courses the applicant completed during his period of active
service.  Therefore, these courses should be entered in item 14 of the
applicant's Form 214.

3.  The two certificates from Big Bend Community College are certificates
from a civilian establishment. The Certificate of Achievement, the
Performance Award and the Certificate of Commendation are performance and
commendatory in nature, not education related, and therefore not authorized
to be entered on the DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 February 1983, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 16 February 1986.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in the interest of justice.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __reb___  __lmb___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing the award of
the Army Achievement Medal with One Oak Leaf Cluster and by showing
completion of the M-A-N Service Training Course and the Mountain Training
Course.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial pertaining to updating the applicant's DD 214
to include the certificates from Big Bend Community College, the
Certificate of Achievement, the Performance Award and the Certificate of
Commendation.



                             Margaret K. Patterson
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011363                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0025                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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