RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 July 2007
DOCKET NUMBER: AR20060017324
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.
Ms. Catherine C. Mitrano
Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Rose M. Lys
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Meritorious Service Medal and the Senior Course for Reserve Component Noncommissioned Officers, dated 13 June 1986.
2. The applicant states, in effect, that these errors should be corrected on his DD Form 214.
3. The applicant provides a copy of his award certificate for the Army Meritorious Service Medal, a copy of his DD Form 214, and one certificate of training in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 31 July 1997, the date of his retirement. The application submitted in this case is dated 6 December 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 applicants failure to timely file.
3. The applicant's military service record shows he completed honorable service in the United States Army Reserve (USAR) during the period 23 July 1968 through 23 November 1968; and during the period 1 October 1977 through 30 September 1984. On 29 July 1985, the applicant reenlisted in the USAR and served until he was retired on 31 July 1997.
4. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows he served 12 years and 2 days.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Meritorious Service Medal.
6. Item 14 (Military Education (Course Title, number weeks, and month and year completed) of the applicant's DD Form 214 shows Recruiting Station Commanders Course, 3 Weeks, October, 1985. The applicant's DD Form 214 does not show award the Senior Course for Reserve Component Noncommissioned Officers.
7. Headquarters, USA Recruiting Command, Fort Knox, Kentucky Permanent Orders 125-5, dated 5 May 1997, awarded the applicant the Meritorious Service Medal for Exceptionally Meritorious Service during the period 1 August 1987 to 31 July 1997.
8. The applicant provided a diploma from the 5038th United States Army Reserve Force School, St. Louis, Missouri, which shows he successfully completed the Senior Course for Reserve Component Noncommissioned Officers Course, on 13 June 1986.
9. 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. Information pertaining to decorations, medals, badges, citations and campaign ribbons awarded or authorized, for all periods of service will be entered in item 13.
10. Army Regulation 635-5 also shows that the data to be entered in block 14 will be from the Enlisted Record Brief/Officer Record Brief, and will lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 with a separation date of 31 July 1997 should be corrected to show award of the Meritorious Service Medal.
2. Permanent Orders awarded the applicant the Meritorious Service Medal for the period of service from 1 August 1987 through 31 July 1997 on 5 May 1997. Therefore, the applicant is entitled to have his records corrected to show this award.
3. The applicant contends that his DD Form 214 with a separation date of 31 July 1997 should be corrected to show he successfully completed the Senior Course for Reserve Component Noncommissioned Officers Course, on 13 June 1986.
4. Evidence of record shows the applicant successfully completed the 8-week course as shown on his diploma on 13 June 1986. Therefore, he is entitled to have this course listed on his DD Form 214 in item 14.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 1997 therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 2000. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the facts in this case.
BOARD VOTE:
__JRH_ _ _JI____ ___RML___ 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 by amending his DD Form 214 as follows: item 13 to show award of the Meritorious Service Medal and by amending item 14 to show the entry "Senior Noncommissioned Officer Course for Reserve Component Noncommissioned Officers, 8 weeks, June 1986."
__John Infante____
CHAIRPERSON
INDEX
CASE ID
AR2006017324
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
y
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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