RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050000908


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge From Active Duty) to show the Army Commendation Medal
(ARCOM), the Army Achievement Medal (AAM), Sharpshooter Marksmanship Badge
(M-203), Combat Lifesaver Certificate, Personnel Security Certificate, and
Tactical Driving Course.

2.  The applicant states his unit erred in updating his records prior to
discharge.

3.  The applicant provides:

      a.  His DD Form 214.

      b.  His DA Form 20 (Personnel Qualification Record).

      c.  Certificates and orders for the ARCOM and AAM.

      d.  Certificate of Completion of Personnel Security Workshop.

      e.  Certificate of Training for the Combat Lifesaver Course.

      f.  One Certificate of Achievement, dated 21 October 1992.

      g.  Two Certificates of Commendation, dated 25 September 1991 and
26 February 1992.

      h.  DA Form 873 (Certificate of Clearance and/or Security
Determination).

      i.  OF 346 (US Government Operator's Permit).

      j.  Temporary Duty Orders to attend "Lightfighter S-2 Course."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 August 1993.  The application submitted in this case
is dated 10 December 2004 and was received 20 January 2005.

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 served in the Regular Army from 24 July 1990 to 10 August
1993 at which time he was honorably separated with 3 years and 17 days of
creditable service.  His DD form 214 shows he was awarded the Army Service
Ribbon, National Defense Service Medal, Army lapel Button, and Marksman
Marksmanship Badge (M-126 Rifle).  It does not show any military education.

4.  The applicant's records show he qualified as a Sharpshooter with the
hand grenade (not the M-203 grenade launcher as he stated).

5.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the
separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It establishes standardized policy for preparing and distributing the DD
Form 214.  It provides for listing decorations, medals, badges, citations
and campaign ribbons awarded for all periods of service in the proper
priority sequence.  Certificates of commendation and letters of
appreciation are not authorized to be included.  It further states only
formal in-service (full-time attendance) training courses successfully
completed during the period of service covered by the DD Form 214 will be
listed by title, length in weeks, and year completed.  DA PAM (Pamphlet)
351-4 (U.S. Army Formal Schools Catalog) lists all training courses
authorized for inclusion on DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM for meritorious service from 20
April 1992 to 10 August 1993 by permanent Order 20-5, Headquarters, 9th
Infantry Regiment, Fort Lewis, Washington.  This award should be added to
his DD Form 214.

2.  The applicant was awarded the AAM for meritorious service from 6
February 1993 to 19 March 1993 by permanent Order 1-12, Headquarters, 1st
Battalion, 9th Infantry Regiment, Fort Lewis, Washington.  This award
should be added to his DD Form 214.
3.  On 30 August 1990, the applicant qualified as a sharpshooter with the
hand grenade.  The Sharpshooter Marksmanship Badge (Hand Grenade) should be
added to his DD Form 214.

4.  None of the educational training cited by the applicant qualifies for
inclusion on the DD Form 214 as these classes are not listed in DA PAM 351-
4.  These classes cannot be added to the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__wdp___  __tmr___  __rjf___  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 the DD Form 214 of the
individual concerned be corrected by showing that he was awarded the Army
Commendation Medal, the Army Achievement Medal, and the Sharpshooter
Marksmanship Qualification Badge (Hand Grenade).

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 of so much of the application that pertains to
adding the Combat Lifesaver Certificate, Personnel Security Certificate,
and Tactical Driving Course.



                                  William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000908                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0025                                |
|3.                      |107.0109                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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