RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060009658 


	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.  W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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) be corrected. 

2.  The applicant states that there are errors on his DD Form 214 in items 7a, 7b, 8a, 12b, 12c 13, 14, and 18.  He is providing the correct information.

3.  The applicant provides a marked-up copy of his DD Form 214 and several pages of service record documents to substantiate his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
4 October 1991, the date of his separation from active duty.  The application submitted in this case is dated 27 June 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 home of record was Massena, New York when he entered active duty at Syracuse, New York on 5 November 1987.  His DD Form 214 has the information for item 7a (Place of Entry) and 7b (Home of Record) transposed.  
4.  He served on active duty from 5 November 1987 until 4 November 1991, a period of 4 years.  His DD Form 214, shows the Separation date (Item 12 b) as
4 October 1991.  The Net Active Service This Period (item 12c) is shown as 
3 years, 11 Months, and 4 days.

5.  The applicant's 6 September 1991 separation orders show he was assigned to Headquarters and Headquarters Company (HHC) 97th Military Police (MP) Battalion (BN).  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 reads, "A CO 5/7th AR/ 8th ID."

6.  He was awarded the Army Achievement Medal by 97th Military Police Battalion Permanent Orders 25-2, dated 13 September 1989.  He was also awarded the Army Commendation Medal for the period 9 May 1988 to 
30 September 1991 by 1st Personnel Command Schwetzingen, Germany Permanent Orders 76-2, dated 23 September 1991.  These awards are not listed in item 13 of his DD Form 214.

7.  The applicant provides four certificates of achievement for entry on his DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) provides the instructions for completing the DD Form 214.  The instructions for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in entirety, "List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations." 

9.  The applicant provides a certificate showing completion of, "SAM 31, Small Arms Maintenance for Unit Armorers Course Class # 270-90 18 Jun 90 thru 
29 Jun 90 (80 hours)."   

10.  The applicant requests that, "Top Secret Clearance" be entered in item 18 (Remarks).

11.  The instructions for item 18 contained in Army Regulation 635-5 do not provide for including security clearance information.

DISCUSSION AND CONCLUSIONS:

1.  Item 7a (Place of Entry) on the applicant's DD Form 214 should be changed to "Syracuse, New York" and item 7b (Home of Record) on the applicant's DD Form 214 should be changed to "Massena, New York."

2.  Item 8 (Last Duty Assignment) of the DD Form 214 should be changed to read, "HHC 97th MP BN."  

3.  His DD Form 214, item 12b (Separation Date this Period) should be changed to read "91 11 04"  and item 12c as Net Active Service This Period should be changed to read "04 00 00."

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) should be corrected by adding, "Army Commendation Medal" and "Army Achievement Medal."

5.  The regulatory instructions for completing item 13 of the DD Form 214 does not provide for listing certificates of achievement.  That part of his request should be denied.

6.  "Small Arms Maintenance for Unit Armorers Course-2 weeks-90" should be added to item 14 (Military Education).

7.  Army Regulation 635-5 does not provide for including security clearance information in the instructions for completing item 18 of the DD Form 214. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 November 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 November 1994.  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 

__DED__  __WFC__  __HOF__  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 changing his DD Form 214 as follows:

a.  Item 7a to read "Syracuse, New York";

b.  Item 7b to read "Massena, New York";

c.  Item 8 to read, "HHC 97th MP BN."  

d.  Item 12b read "91 11 04"; 

e.  Item 12c to read "04 00 00"; 

f.  Item 13 by adding, "Army Commendation Medal / Army Achievement Medal"; and

	g.  Item 14 by adding; "Small Arms Maintenance for Unit Armorers Course-2 weeks-90.”

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 Certificates of Achievement to item 13 and listing "Top Secret Clearance" in item 18.  




__     Hubert O. Fry, Jr._________
          CHAIRPERSON




INDEX

CASE ID
AR20060009658
SUFFIX

RECON

DATE BOARDED
20060213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.00
2.

3.

4.

5.

6.