RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JANUARY 2007
      DOCKET NUMBER:  AR20060005140


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Michael Flynn                 |     |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, in effect, the Ranger Tab, Army Achievement
Medal (AAM), and his Area Nuclear, Biological, and Chemical Defense School
be added to his DD Form 214 (Certificate of Release or Discharge from
Active Duty).

2.  The applicant states that he was confined after a court-martial and was
not present at his final out-processing.  Therefore, he was not able to
provide proof of his awards and school so that the information could be
placed on his DD Form 214.

3.  The applicant provides his DD Form 214 and three certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 January 1999.  The application submitted in this case
is dated     1 March 2006.

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’s records show he enlisted in the Regular Army on 24
August 1993.  After completion of basic and advanced individual training,
he was awarded military occupational specialty 11B (Infantryman).  After
completing       5 years and 3 days of active federal service, the
applicant was discharged with a Bad Conduct Discharge on 20 January 1999.

4.  The applicant's DD Form 214, Item 13 “Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized” does not list the
AAM.  This form also does not list any military education courses in item
14.

5.  The applicant provided a certificate dated 6 March 1995 that shows he
was awarded the AAM for meritorious service while assigned to D Company,
101st Military Intelligence Battalion as an assistant radio operator from
February 1994 to March 1995.  The certificate shows Permanent Order Number
06-02 and was issued by Headquarters, 101st Military Intelligence
Battalion, Fort Riley, Kansas.

6.  The Army ranger certificate shows that the applicant was awarded this
certificate “for combat service in a ranger unit or for completion of
ranger training in March 1996 at Fort Benning, Georgia.”  However, there
are no orders awarding him the Ranger Tab in his Official Military
Personnel File (OMPF).

7.  The applicant also provided a certificate of completion from
Headquarters, United States Army, Pacific, Fort Shafter, Hawaii.  The
certificate verifies that the applicant successfully graduated from the
Area Nuclear, Biological and Chemical Defense School, Class 07-96, on 26
April 1996.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  This regulation also provides a list of all U.S. Army decorations
medals, badges, citations, and campaign ribbons authorized and the order of
precedence.

9.  The same regulation provides, in pertinent part, that the award of the
Ranger Tab requires the successful completion of a Ranger Course conducted
by the U.S. Army Infantry School.  The award will be announced in orders.
Additionally, DA Pam 351-4 (Army Formal Schools) lists the length of the
Ranger Course as
8 weeks and 5 days.

10.  Army Regulation 635-5 (Personnel Separations), establishes
standardized procedures for preparation and distribution of the DD Form
214.  The regulation states, in pertinent part, to list formal in-service
(full-time attendance) training courses successfully completed during the
period of service covered by the DD Form 214 in item 14 to include title,
length in weeks, and year completed.  This information is to assist the
Soldier in job placement and counseling; therefore, do not list training
courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The Army ranger certificate is not sufficient evidence to conclude that
the applicant successfully completed the 8 weeks and 5 day course required
for the award of the Ranger Tab.  Therefore, in the absence of orders
verifying his completion of this course, there is an insufficient basis to
approve his request.

2.  The AAM certificate containing Permanent Order Number 06-02, dated
    6 March 1995 is sufficient evidence to correct the applicant’s records
to show this award.
3.  The Board acknowledges the applicant’s certificate of completion
verifying that he successfully completed Area Nuclear, Biological and
Chemical Defense School.  However, this was a combat skills training
course, and as cited above, is not to be listed on his separation document.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 January 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           19 January 2002.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence or argument, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RD __  ___MT __  __MF___  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 he was awarded
the AAM.

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
listing Area Nuclear, Biological and Chemical Defense School and award of
the Ranger Tab on his DD Form 214.




                            _____ Richard Dunbar________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005140                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070125                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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