RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050003015


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 award of the Army
Achievement Medal (First Oak Leaf Cluster), the Multinational Force and
Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional
Development Ribbon and the Air Assault Badge.  He also requests correction
of item 14 (Military Education) on his DD Form 214 to show the Professional
Leadership Development Course (PLDC), the Air Assault Course and the
Recondo Course.  In addition, he requests correction his DD Form 214 to
show he completed 6 months of foreign service.

2.  The applicant states that the proper forms were not submitted to the
appropriate agencies during his time in service.  He earned two Army
Achievement Medals, one in Sinai, Egypt during 14 July 1999 to 17 January
2000.  He attended the PLDC at Fort Campbell, Kentucky from 20 April 2000
through 19 May 2000, the Air Assault School from January to February 1999
and the 101st Airborne Division Recondo School from 5 to 14 June 2000.  He
states that none of the ribbons, schools, or foreign service is annotated
on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; two award
certificates for the Army Achievement Medal; a certificate showing he
served with the MFO; a diploma from the NCO Academy; a Certificate of
Training from the 101st Airborne Division Air Assault School; and a
Certificate of Training for successful completion of Recondo Training.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 October 2001.  The application submitted in this case is dated 11
February 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 enlisted in the Regular Army on 10 October 1996 for a
period of five years.  He completed the required training and was awarded
military occupational specialty 98G (Voice Interceptor).

4.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
Permanent Orders 48-211 dated 17 February 1999 awarded the applicant the
Air Assault Badge for successful completion of the standard Air Assault
Course from 22 January 1999 through 5 February 1999.

5.  The applicant was awarded the Army Achievement Medal for meritorious
achievement from 20 February 1999 to 22 March 1999 based on Headquarters,
311th Military Intelligence Battalion, 101st Airborne Division (Air
Assault), Fort Campbell, Kentucky Permanent Order Number 236-2 dated 24
August 1999.

6.  The applicant was awarded a second award of the Army Achievement Medal
for meritorious achievement and heroism from 22 July 1999 to 18 September
1999 based on Headquarters, 2nd Brigade, 101st Airborne Division (Air
Assault), Fort Campbell, Kentucky Permanent Orders Number 010-004 dated 10
January 2000.

7.  The applicant provided a certificate which shows he served with the MFO
in the Sinai from 14 July 1999 to 17 January 2000.  His military pay
records at the Defense Finance and Accounting Service (DFAS) indicate he
received hostile fire pay from July 1999 to January 2000.

8.  The applicant's diploma from the NCO Academy shows he successfully
completed PLDC, Class 06-00 during the period 20 April 2000 through 19 May
2000.

9.  The applicant provided a certificate which shows he completed the
Recondo Course, Class 3-00 during the period 5 to 14 June 2000.

10.  The applicant was honorably released from active duty on 9 October
2001.  His DD Form 214 shows the Army Good Conduct Medal, the Army Service
Ribbon and the Sharpshooter Marksmanship Qualification Badge with M-16
Rifle Bar.

11.  The applicant's DD Form 214 does not list PLDC, the Air Assault Course
or the Recondo Course in item 14.

12.  His DD Form 214 does not show any foreign service in item 12f (Foreign
Service) or item 18 (Remarks).

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the MFO Medal which was accepted by the President on 28
July 1982.  To qualify for the award, personnel must have served with the
MFO at least 90 days cumulative after 3 August 1981.  Effective 15 March
1985, personnel must serve six months (170 days minimum) with the MFO to
qualify for the award.  Periods of service on behalf of the MFO outside of
the Sinai and periods of leave while a member is serving with the MFO may
be counted toward eligibility for the MFO Medal.

14.  Army Regulation 600-8-22 shows that the Noncommissioned Officer
Professional Development Ribbon was established by the Secretary of the
Army on 10 April 1981.  It is awarded to Active Army, Army National Guard,
and US Army Reserve Soldiers for successful completion of designated NCO
professional development courses to include PLDC.

15.  Army Regulation 635-5, in effect at the time, establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that foreign service performed during the period
covered by the DD Form 214 will be entered in item 12f.  In pertinent part,
it states that item 18 (Remarks) is used for entries required by
Headquarters Department of the Army for which a separate block is not
available and for completing entries that are too long for their blocks.

16.  Army Regulation 635-5 also states, in pertinent part, that item 14
(Military Education) will list formal in-service training courses of 40
hours or more successfully completed during the period of service covered
by title, length in weeks, and month and year completed.  This information
is to assist the Soldier after separation in job placement and counseling;
therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two awards of the Army
Achievement Medal; therefore, his DD Form 214 should be corrected to show
the Army Achievement Medal (First Oak Leaf Cluster).

2.  The evidence of record provided by the applicant shows he served with
the MFO in Sinai from 14 July 1999 to 17 January 2000.  Therefore, he
completed a period of qualifying service for award of the MFO Medal.

3.  The evidence of record shows the applicant successfully completed PLDC
in May 2000.  Therefore, he has met the requirements for award of the NCO
Professional Development Ribbon.
4.  As a result of the applicant's completion of PLDC, item 14 on his DD
Form 214 should be amended to show the entry "Primary Leadership
Development Course, 4 Weeks, May 2000."

5.  Orders show the applicant was awarded the Air Assault Badge upon
successful completion of the Air Assault Course.  Therefore, the Air
Assault Badge should be added to his DD Form 214.

6.  The Air Assault Course and the Recondo Course are training in combat
skills. In accordance with Army Regulation 635-5, training courses for
combat skills are not listed on the DD Form 214.  Therefore, there is no
basis for correcting his DD Form 214 to show these courses.

7.  Based on the applicant's service in Sinai, his DD Form 214 should be
corrected to reflect 6 months and 4 days of foreign in item 12f.  Item 18
should also be corrected to show the entry "SERVICE IN EGYPT:  14 JUL 99 –
17 JAN 00."

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 October 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 October 2004.  The applicant did not file within the
3-year statute of limitations; however, based on the available evidence it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LE______  PS______  LH______  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:

      a.  by adding award of the Army Achievement Medal (First Oak Leaf
Cluster), the MFO Medal, the NCO Professional Development Ribbon and the
Air Assault Badge to his DD Form 214;

      b.  by amending item 12f to show he completed 6 months and 4 days of
foreign service;

      c.  by amending item 14 to show the entry "Primary Leadership
Development Course, 4 Weeks, May 2000;" and

      d.  by amending item 18 to show the entry "SERVICE IN EGYPT:  14 JUL
99 – 17 JAN 00."

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
correction to item 14 to show he completed the Recondo Course and the Air
Assault Course.




                            Lester Echols_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003015                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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