RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060013094 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. Thomas O. O'Shaughnessy, Jr.

Member

Mr. James R. Hastie

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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show credit for service in the military occupational specialty (MOS) 11B10 during the period 24 July 1994 through 8 August 1996; the Primary Leadership Development Course Class 
04-98 (11 February - 13 March 1998); two awards of the Army Achievement Medal [correctly shown as the Army Achievement Medal with Oak Leaf Cluster]; and award of the Army Commendation Medal. 

2.  The applicant states that he recently requested a copy of his separation documents and discovered the information was not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a diploma from the Noncommissioned Officer Academy, and two Certificates for award for the Army Achievement Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 November 1999, the date of his release from active duty.  The application submitted in this case is dated 5 September 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 requested correction of his records to show award of the Army Commendation Medal.  There are no orders or other evidence that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these awards under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.
4.  The applicant military record is incomplete; however, evidence of record shows he enlisted in the Regular Army on 24 July 1994.  The applicant completed basic combat training and advanced individual training (AIT) and was awarded the MOS 11B (Infantryman).  

5.  On 31 August 1999, a Medical Evaluation Board (MEB) was convened at Blanchfeild Army Community Hospital, Fort Campbell, Kentucky.  The MEB report shows that the applicant had a history of chronic right knee pain, patellar tendonitis.  The MEB report shows that the applicant was reviewed by a Military Medical Retention Board (MMRB) in November 1995 which recommended changing his Primary Specialty from MOS 11B (Infantryman) to MOS 92G (Cook).  

6.  The MEB report shows that the applicant was reclassified and did well. However, prolonged standing increased the pain in his knee with no evidence of instability or swelling.  The MEB report also shows that despite additional rehabilitation, modification of activity, and non-steroidal anti-inflammatories, the applicant was unable to continue with his current MOS.  On 8 September 1999, the applicant concurred with the MEB's findings and recommendations for referral of his case to the PEB for determination of fitness for duty.  

7.  On 20 September 1999, the applicant concurred with the findings of the PEB which found him physically unfit to continue in the military service in MOS 92G (Cook).  

8.  The applicant’s DD Form 214 shows he was honorably separated from active duty under the provisions of paragraph 4-24B(3) of Army Regulation 635-40 
(Personnel Separations) by reason of a physical disability with severance pay. The applicant's DD Form 214 shows that he served 5 years, 3 months, and 20 days of net active service this period.  

9.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he served in "92G2P 4A Food Service Specialist --1 YRS-5 MOS."  

10.  Item 13 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded two Army Achievement Medals.  

11.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was authorized award of two Army Achievement Medals. 

12.  Item 14 (Military Education (Course Title, number weeks, and month and year completed) of the applicant's DD Form 214 does not list the Primary Leadership Development Course/Class 04-98.

13.  The applicant provided a diploma from the Noncommissioned Officer Academy which shows he successfully completed the Primary Leadership Development Course, Class 04-98 on 13 March 1998.

14.  The applicant provided an award certificate authorizing award of the Army Achievement Medal based on the 3rd Battalion, 187th Infantry Regiment, Permanent Orders Number 111-001, dated 28th April 1998.  

15.  The applicant provided a second award certificate authorizing award of the Army Achievement Medal based on 3rd Battalion, 187th Infantry Regiment, Permanent Orders Number 141-001, dated 1 June 1998.  

16.  Item 35 (Record of Assignments) of the applicant's DA Form 20 shows that the applicant served in MOS 11B (Infantryman) for the period 22 December 1994 through 4 June 1998 and in MOS 912G (Food Service Specialist) from 5 June 1998 until separated.

17.  Army Regulation 635-5 states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that item 11 (Primary Specialty) of the DD Form 214 will include the titles of all MOS’ or AOC’s served in for at least 1 year.  The number of years and months served will also be entered for all MOS’ and AOC’s.

18.  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.

19.  Review of the applicant's records indicates entitlement to additional awards and decorations that is not shown on his DD Form 214.



20.  Department of the Army, Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Permanent Orders Number 219-267, dated 7 November 1994, shows that the applicant was awarded the Parachutist Badge for successful completion of Airborne Training on 18 November 1994.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show credit for service in MOS 11B (Infantryman), completion of the Primary Leadership Development Course, and award of the Army Achievement Medal (First Oak Leaf Cluster). 

2.  Evidence of record shows that the applicant was initially awarded military occupational specialty (MOS) 11B (Infantryman).  In November 1995, the applicant's received a P3 evaluation by the MMRB which changed his MOS from 
MOS 11B to MOS 92G (Cook).  He was unable to continue to serve in MOS 11B based on his medical profile.  

3.  Therefore, the applicant is entitled to have item 11 (Primary Specialty) of his DD Form 214 corrected to show he served in MOS 11B (Infantryman) for 3 years, 10 months, and 20 days and in MOS 92G (Food Service Specialist) for 1 year, and 5 months.

4.  The applicant successfully completed the Primary Leadership Development Course, March 1998.  Based on the foregoing, the applicant is entitled to have item 14 (Military Education), (Course Title, number weeks, and month and year completed) of his DD Form 214 corrected to show this course.  

5.  Permanent Orders awarded the applicant two awards of the Army Achievement Medal.  Therefore, the applicant is entitled to correction of his records to show award of the Army Achievement Medal (First Oak Leaf Cluster).

6.  Permanent Orders awarded the applicant the Parachutist Badge for successful completion of Airborne Training on 18 November 1994.  Therefore, the applicant is entitled to correction of his records to show this badge.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 November 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 November 2002.  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:

__HOF___  _TOO__  __JRH___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 amending item 11 to add the entry " 11B Infantryman--3 yrs-10 MOS- 20 days;

	b.  by amending item 13 to show the entry the Army Achievement Medal (First Oak Leaf Cluster) and the Parachutist Badge; and 

	c.  by amending item 14 to show the entry " Primary Leadership Development Course/Class 04-98, 8 Weeks, March 1998." 




__Hubert O. Fry, Jr.__
          CHAIRPERSON




INDEX

CASE ID
AR20060013094
SUFFIX

RECON
YYYYMMDD
DATE BOARDED

TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1999/11/13
DISCHARGE AUTHORITY
AR 635-40, para 4-24B(3) 
DISCHARGE REASON
Disab Sevpay
BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.