RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070002103 


	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

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John P. 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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his Military Education.

2.  The applicant states, in effect, that his completed military training courses are not shown or annotated properly on his DD Form 214.

3.  The applicant provides:

     a.  a copy of his DD Forms 214;

     b.  four copies of Certificates for completion of training and three copies of Diplomas for successful completion of training;

     c.  a copy of a Certificate for the German Armed Forces Badge for Marksmanship "Gold", dated 25 September 2002; and

     d.  a copy of a DA Form 1902 (Certificate of Qualification) Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 December 2003.  The application submitted in this case is dated 30 August 2006; however, it was received on 7 February 2007.

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 military records show that he entered active duty on  
11 September 1996.  He completed basic combat training and advanced
individual training and was awarded the military occupational specialty  95B1O (Military Police).  He was honorably released from active duty on 20 December 2003 after serving a total of 7 years, 3 months, and 10 days of active service.

4.  Item 14 (Military Education) of the applicant's DD Form 214 shows the entry Primary Leadership Development, 4 Weeks, 1999//Military Police, 10 Weeks, 1997//Nothing Follows.

5.  The 18th Medical Command Certificate of Completion shows that the applicant successfully completed one week of training for the Combat Lifesaver Training Test on 22 August 1997.

6.  The Department of the Army Certificate of Training shows that the applicant successfully completed one week of training for the Military Police Training Program and the Doppler Traffic Radar Systems on 15 July 1998.

7.  The Department of the Army Certificate of Training shows that the applicant successfully completed one week of training for the Combat Lifesaver Course on 30 July 1999.

8.  The United States Army Military Police School Diplomas show that the applicant successfully completed one week of training for the Domestic Violence Intervention Training on 27 October 2000; completed eight weeks of training for the Military Police Investigator Course on 13 June 2001; and completed one week of training for the Child Abuse Prevention and Investigative Techniques Course on 15 March 2002.

9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that Individual foreign decorations, qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the Soldier.  

10.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), in pertinent part, states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum 
which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 14 (Military Education) will list formal in-service training courses 
successfully completed during this period of service.  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.  Records show that the applicant successfully completed the Combat Lifesaver Training Test and Course on 22 August 1997 and 30 July 1999.  Therefore, he is entitled to correction of his records to show these entries in item 14 (Military Education) of the DD Form 214.

2.  Records show that the applicant successfully completed the Military Police Training Program and the Doppler Traffic Radar Systems on 15 July 1998.  Therefore, he is entitled to correction of his records to show this entry in item  
14 (Military Education) of the DD Form 214.

3.  Records show that the applicant successfully completed the Domestic Violence Intervention Training on 27 October 2000; Military Police Investigator Course on 13 June 2001; and The Child Abuse Prevention and Investigative Techniques Course on 15 March 2002.  Therefore, he is entitled to correction of his records to show these entries in item 14 (Military Education) of the DD Form 214.

4.  The applicant has not met the requirements for recording the Certificate of Qualification Card and the Certificate for the German Armed Forces Badge for Marksmanship "Gold" to item 14 (Military Education) of his DD Form 214 because the only source documentation for entry of an award or decoration is the order, letter, or memorandum.  Therefore, he is not entitled to correction of his records to show these entries.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 2003; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
19 December 2006.  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 

___jpi___  ___jrh___  ___rml___  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 in item 14 (Military Education) of the applicant's DD Form 214 Combat Lifesaver Training Test and Course, 1 week, 1997 and 1999; Military Police Training Program and the Doppler Traffic Radar Systems, 1 week, 1998; Domestic Violence Intervention Training, 1 week,  
2000; Military Police Investigator Course, 8 weeks, 2001; and Child Abuse Prevention and Investigative Techniques Course, 1 week, 2002. 

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 the Certificate of Qualification Card and Certificate for the German Armed Forces Badge for Marksmanship "Gold."




__________John P. Infante____________
          CHAIRPERSON




INDEX

CASE ID
AR20070002103
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070724
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.