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ARMY | BCMR | CY2006 | 20060011311C071029
Original file (20060011311C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011311


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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, that his final separation document
(DD Form 214), dated 19 January 1984, be corrected by adding an Achievement
Medal for 1984, the 2nd Award of the Army Good Conduct Medal (AGCM), an
Expert Marksmanship Qualification Badge with Hand Grenade Bar, and the Food
Service Primary Technical Course he completed.

2.  The applicant states, in effect, he believes that all the awards and
decorations he received and the military education he completed during all
periods of active duty service were left off his final DD Form 214.

3.  The applicant provides the following documents in support of his
application:  AGCM Orders; Grenade Qualification Scorecard; Academic
Evaluation Report (AER), dated 26 February 1983; Food Service Specialist
Primary Technical Correspondence Course Certificate; and Certificate of
Participation, dated November 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 January 1984, the date of his final 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 initially enlisted in the Regular Army
(RA) and entered active duty on 28 June 1977.  He was trained in, awarded,
and served in military occupational specialty (MOS) 94B (Food Service
Specialist).

4.  On 27 June 1980, the applicant was honorably separated, at the
completion of his required active duty service.  The DD Form 214 he was
issued at the time shows he completed 3 years of active military service,
and he held the rank of specialist four (SP4).

5.  The applicant's 27 June 1980 DD Form 214 also shows, in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) that he earned the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.  Item 14 (Military Education) contains an entry
confirming he completed an 8-week Food Service Specialist course in 1977.
The applicant authenticated this document with is signature in Item 21
(Signature of Member Being Separated) on the date of his separation.

6.  On 20 January 1981, the applicant enlisted in the RA and reentered
active duty.  The Personnel Qualification Record (DA Form 2-1) prepared on
the applicant on 21 January 1981, confirms he completed an overseas tour in
Korea from 20 February 1981 through 9 February 1982.

7.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
shows that during his active duty tenure, he earned the AGCM, Army Service
Ribbon (ASR), Overseas Service Ribbon (OSR), Noncommissioned Officer
Professional Development Ribbon (NCOPDR) with Numeral 1, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 17
(Civilian Education and Military Schools) contains entries showing he
completed the
8-week Food Service Specialist Course in 1977 and the 9-week Primary
Leadership Development Course (PLDC) in 1979

8.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 1st Cavalry Division Permanent Orders Number 162-52, dated
22 November 1983.  These orders awarded the applicant the 2nd Award of the
AGCM for his qualifying period of honorable active duty service from 27
June 1980 through 26 June 1983.  His MPRJ is void of any documents, or
orders indicating he was ever recommended for, or awarded an achievement
award while serving on active duty.

9.  On 19 January 1984, the applicant was honorably discharged at the
expiration of his term of service (ETS).  The DD Form 214 he was issued
confirms he completed a total of 6 years of active military service.  Item
13 shows that he earned the following awards:  AGCM; ASR; OSR; NCOPDR with
Numeral 1; and Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.  Item 14 contains the entry "None."  The applicant authenticated this
document with his signature on the date of his separation.

10.  The applicant provides a correspondence course completion certificate
that confirms the applicant completed the Food Service Specialist Prime
Technical correspondence course on 16 June 1983.  He also provides a
Grenade Qualification Scorecard, dated 11 August 1977, which shows he
scored 52 and qualified as an expert with the hand grenade on that date.
11.  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.  The
instructions for Item 13 state to list 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.  There are no provisions that provide for adding
Certificates of Achievement or Appreciation to Item 13.

12.  The separation documents regulation instructions for Item 14 of the DD
Form 214 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, do not list training
courses for combat skills.  There are no provisions for adding all course
completed during all periods of service.

13.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 3-18 contains guidance on awarding the Army Achievement
Medal.  It states, in pertinent part, that it is awarded to members who
distinguished himself or herself by meritorious service or achievement of a
lesser degree than required for award of the Army Commendation Medal.  The
AAM must be recommended and awarded in orders by the proper award
authority.

14.  Paragraph 2-20 of the awards regulation contains guidance on awarding
the Korea Defense Service Medal (KDSM).  It states, in pertinent part, that
it is authorized for service in Korea from 28 July 1954 through a date to
be determined.  In order to qualify for the KDSM, members must have been
assigned, attached, or mobilized to units operating in the Korea area of
eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the
following criteria:

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 19 January 1984 DD Form 214 should
be corrected to include all awards he earned and to which he is entitled
and all courses completed during all periods of service was carefully
considered and found to have partial merit.  The evidence of record
confirms the applicant's entitlement to a 2nd Award of the AGCM, the KDSM,
and to the Expert Marksmanship Qualification Badge with Hand Grenade Bar.
Therefore, it would be appropriate to add these awards to Item 13 of the
separation document in question.
2.  The applicant's claim that he was awarded an achievement medal in 1984
was also carefully considered.  However, the evidence of record fails to
show the applicant was awarded an achievement medal by proper authority
while serving on active duty.  Further, the applicable regulation provides
for entering only formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form
214 to Item 14.  There are no provisions for documenting the completion of
correspondence courses on a separation document.  Therefore, although the
correspondence course certificate provided by the applicant confirms his
completion of the Food Service Prime Technical correspondence course, there
are no regulatory provisions that allow for it to be entered in Item 14 of
the DD Form 214 in question.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JEA _  __SWF      ___RSV_  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 his entitlement
to the Army Good Conduct Medal 2nd Award, Korea Defense Service Medal, and
Expert Marksmanship Qualification Badge with Hand Grenade Bar; and by
providing him a correction to his separation document that includes these
awards.

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 an achievement medal or additional awards and military
correspondence courses to the DD Form 214 in question.




                            _____James E. Anderholm___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060011311                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1984/01/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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