RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060009942 


	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.


X
	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, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 4 July 1987 separation document (DD Form 214) be corrected by adding the Presidential Unit Citation (PUC), Valorous Unit Award (VUA) and all other awards to which he is entitled; that Item 14 (Military Education) be corrected by adding the following courses:  Army War College; Naval War College; Command & General Staff College; Military Intelligence Officer Advance Course; Adjutant General Officer Advance Course; Quartermaster Officer Advance Course; Engineer Officer Advance Course; Sergeants Major Course; Infantry Officer Basic Course; Special Forces Qualification Course; Army Ranger Training; and Airborne School; and that his Senior Reserve Officer Training Corps (ROTC), Canisius College and Bachelor of Arts (BA) Degree, Political Science, State University of New York (SUNY) at Buffalo be documented on his separation document.  

2.  The applicant states, in effect, that his record and separation document should be corrected to add all unit and individual awards to which he is entitled based on his performance of specific tasks and the contributions he made while assigned to Company B, 10th Battalion, 2nd Infantry Training Brigade and Headquarters and Headquarters Company (HHC) and Company C, 3rd Battalion, 7th Infantry Regiment, Fort Benning, Georgia; and HHC and B Company, 
1st Battalion, 174th Infantry Regiment, New York Army National Guard (NYARNG).  He also requests that the courses listed in paragraph 1 above be added to his record and separation document.  

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Honorable Discharge Certificate; Infantry Officer Basic Course Diploma; Airborne Course Diploma; Third-Party Affidavits (2) with 
DD Forms 214; SUNY Buffalo Transcripts; Officer Evaluation Report (OER), dated 13 August 1985; Letter of Appreciation, dated 30 April 1985; ROTC Certificate; DD Form 214; Promotion Certificate; and Photographs.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 4 July 1987, the date of his separation.  The application submitted in this case is dated 7 August 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 record shows he served in the NYARNG in an enlisted status from 15 April 1980 until 20 May 1982, at which time he was honorably separated in order to accept a commission.  

4.  On 21 May 1982, the applicant was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) and was granted Federal Recognition in the NYARNG on that same date.  He served in the NYARNG until entering active duty as a USAR officer on 17 August 1984.  

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) contains no entry indicating he completed any overseas service during his active duty tenure. Item 35 (Record of Assignments) shows he served in the 1st Battalion, 174th Infantry Regiment, NYARNG from 22 May 1982 through 24 January 1985. 

6.  The applicant's Officer Record Brief (ORB) shows, in Section VI (Military Education), that he completed the Infantry Officer Basic Course (OBC) in 1984 and the Basic Airborne Course in 1985.  Section II (Civilian Education) shows that he graduated from the SUNY Buffalo and received a BA Degree in Political Science.  Section IX (Assignment History) shows the applicant was assigned to the following units for the periods indicated:  Company B, 10th Battalion, 
2nd Infantry Training Battalion, 25 January 1985 through 23 January 1986;
C Company, 3rd Battalion, 7th Infantry Regiment, from 24 January 1986 through 25 September 1986; and HHC, 3rd Battalion, 7th Infantry Regiment, from 
26 September 1986 through 4 July 1987.

7.  The applicant's record shows that during his active duty tenure, he earned the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar.  His Official Military Personnel File (OMPF) is void of any orders or documents showing that he was ever recommended for or was awarded additional individual awards or decorations, or unit awards, by proper authority while serving on active duty.  

8.  The applicant's OMPF is also void of any orders or other documents that indicate he ever attended or completed the Special Forces Qualification Course, Army Ranger Training, Army War College, Naval War College, Command & General Staff College, Military Intelligence Officer Advance Course, Adjutant General Officer Advance Course, Quartermaster Officer Advance Course, Engineer Officer Advance Course, or Sergeants Major Course.

9.  On 4 July 1987, the applicant was honorably released from active duty after completing 2 years, 10 months, and 16 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned Marksman Marksmanship Qualification Badge with Rifle Bar, Army Service Ribbon, and Parachutist Badge.  Item 14 (Military Education) contains the entry "NA" and the applicant authenticated this document with his signature in Item 21 (Signature of Person Being Transferred or Discharged) on the date of his separation.

10.  On 19 November 2003, the Military Awards Branch, United States Army Human Resources Command (AHRC), Alexandria, Virginia, responded to a request from the applicant for various awards.  The response indicated that a review of the applicant's OMPF failed to reveal any orders authorizing the awards or decorations requested.  It further advised the applicant that to be considered for a military decoration for meritorious service or achievement, there was a requirement for substantive evidence, including a recommendation from his former chain of command, and that once he put together the required evidence there were procedures for submitting the award packet for consideration by the Army Decorations Board through a Member of Congress.  

11.  The applicant provides copies of his OBC and Basic Airborne Course Diplomas in support of his application.  He also provides a Diploma showing he completed his BA Degree at SUNY Buffalo on 1 June 1984.  

12.  The applicant also provides two affidavits from former Soldiers who attest to his many accomplishments and to the fact that he was not properly recognized for his many achievements.  

13.  During the processing of this case, a member of the Board staff reviewed the unit awards list maintained by the Military Awards Branch, AHRC.  This review failed to show that any of the units to which the applicant was assigned, to include the 3rd Battalion, 7th Infantry Regiment, received a VUA, PUC or any other unit award during his tenure of assignment.  


14.  Army Regulation 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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions of the DD Form 214.  It states that the source documents for DD Form 214 entries are the ORB, Personnel Qualification Record and all other documents on file in the OMPF.  

15.  The DD Form 214 instructions contained in the separation documents for Item 13 of the DD Form 214 state to list all awards and decorations for all periods of service in the priority sequence specified in the awards regulation.  It further states that each entry will be verified by the Soldier's records.  The Item 14 instructions state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  It further indicates that this information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

17.  Paragraph 7-13 of the award regulation contains guidance on the PUC.  It states, in pertinent part, that it is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PUC, VUA, and all other awards to which he is entitled was carefully considered.  However, the evidence of record confirms that none of the units to which the applicant was assigned earned a unit award during his assignment tenure.  Therefore, there is insufficient evidence to support adding any additional unit awards, to include the PUC and VUA, to his record and separation document at this time.  

2.  The applicant's contention that his 4 July 1987 DD Form 214 should be corrected to include all the courses in question was also carefully considered.  However, his record fails to show he completed any of the courses in question with the exception of his BA Degree, the Infantry OBC and Basic Airborne Course, which are properly documented on his ORB.  By regulation, generally only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14.  Further, the regulation stipulates that this information is to assist the Soldier in job placement and counseling; therefore, combat training courses will not be entered.  Therefore, it would not be appropriate to add the Infantry OBC and Basic Airborne Course to Item 14 of his DD Form 214.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 July 1987, the date of his separation.  Therefore, the time for him to file a request for correction of any error or injustice expired on 3 July 1990.  He failed to file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

5.  The applicant is advised that if he truly believes he is entitled to an individual award based on his performance, he should pursue these awards by submitting a packet under the provisions of Title 10 of the United States Code, Section 1170, through a Member of Congress, as he was advised by Military Awards Branch officials in 2003.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X  __  __X __  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_____X________
          CHAIRPERSON




INDEX

CASE ID
AR20060009942
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/19
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1987/07/04
DISCHARGE AUTHORITY
AR635-100 . . . . .  
DISCHARGE REASON
REFRAD
BOARD DECISION
Deny
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.
100
3.

4.

5.

6.