RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070003932 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jerome Pionk

Member

Mr. John Heck

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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his earned awards and decorations, consideration of the Good Conduct Medal and to add medical proficiency training earned while on active duty.

2.  The applicant states his DD Form 214 is incorrect.  He states the awards that should be shown on his DD Form 214 are one Army Commendation Medal and two Army Achievement Medals.  The applicant also states that Medical Proficiency Training Course 91A, a military school, should be added to his DD Form 214.   The applicant further states his record should be reviewed for consideration of award of the Good Conduct Medal.

3.  The applicant provides a personal statement, his discharge papers and discharge order, two award permanent orders, two award certificates, and a course completion certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 November 1989, the date of his discharge.  The application submitted in this case is dated 7 March 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 entered active duty on 28 November 1986 and separated at his expiration of term of service on 27 November 1989.  He served for three years continuously and his characterization of service is honorable.  Records show that he completed basic combat and advanced individual training and was awarded the military occupational specialty 91A (Medical Specialist).  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.

4.  The DD Form 214 issued at the time of the applicant's discharge shows in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the entry "Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Badge (Pistol, 45 Cal), Marksman Marksmanship Badge Rifle (M16), Expert Marksmanship Badge Grenade, and Driver and Mechanic Badge."  The DD Form 214 also shows in Block 14 (Military Education) the entry "Medical Specialist 10 weeks (8704)/German and Headstart 01 weeks (8705)".

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in Block 9 (Awards, Decorations & Campaigns) the entry "Army Service Ribbon, Marksman Marksmanship Badge (Pistol, 45 Cal), Marksman Marksmanship Badge Rifle (M16), Expert Marksmanship Badge Grenade, and Driver's Badge-Wheeled Vehicle).  Further the Personnel Qualification Record shows in Block 17 (Civilian Education and Military Schools) the entry "Medical Specialist/91A 10 week course (8704) and Headstart one week course (8705)".

6.  A review of the applicant's official military personnel records does not show award of the Army Commendation Medal, two Achievement Medals, the Good Conduct Medal nor any documents to support completion of the military occupational specialty (MOS) medical proficiency training program in Frankfurt, Germany in 1989.

7.  The applicant provided a copy of Permanent Order Number 53-1, dated 30 December 1987, issued by 1st Battalion, 36th Infantry that shows award of the Army Achievement Medal for his period of service from 6 November 1981 to 23 November 1987.  The applicant also provided a copy of the written narrative citation for the award dated 30 December 1987 and signed by the acting battalion commander.

8.  The applicant provided a copy of Permanent Order Number 47-10, dated 1 October 1989, issued by 5th Battalion, 18th Infantry that shows award of the Army Achievement Medal for his period of service from 10 August 1989 to 21 August 1989. 

9.  The applicant provided a copy of DA Form 4980-14 (The Army Commendation Medal) certificate dated 24 October 1989.  The certificate narrative recognizes the applicant's meritorious service for his three-year tour of active duty.  A colonel serving as the brigade commander signed the certificate.

10.  The applicant also provided a copy of DA Form 87 (Department of the Army Certificate of Training) which shows the applicant successfully completed an eighty-hour medical proficiency-training program from 2 January to 17 March 1989 (eighty hours) with 400 hours of clinical experience at the United States Army General Hospital in Frankfurt, West Germany.  Two officers in the Army Nurse Corps signed the training certificate.

11.  The applicant's personal statement, states in effect, that he is requesting his DD Form 214 be amended to properly show all awards earned, review and consideration for award of the Good Conduct Medal for his three-year period of service and inclusion of his medical proficiency training.  

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

14.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part, that the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  

15.  Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214.  In pertinent part, the regulation states formal in-service (full-time attendance) training courses successfully completed are listed to assist the Soldier in job placement and counseling, and training courses for combat skills are not listed.  The course listing will include the course title, length in weeks and the year completed. The source document for preparation of DD Form 214 is the Soldier's DA Form 2-1. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge documents do not correctly show all military decorations and awards earned during his initial service tour.  The applicant contends he was awarded the Army Achievement Medal on 30 December 1987 for meritorious service from 6 November 1981 to 23 November 1987 by his acting battalion commander.   He also contends he was awarded a second Army Achievement Medal on 1 October 1989 for meritorious service from 10 August 1989 to 21 August 1989 by permanent order. The applicant provided sufficient evidence to warrant correcting his records to show these two Army Achievement Medals.

2.  The applicant contends he was awarded the Army Commendation Medal on 24 October 1989 for his meritorious service from 14 May 1987 to 27 November 1989 by his brigade commander, an armor colonel.  The applicant's personnel service record and his DD Form 214 support award of the Army Commendation Medal for his term of service.  The applicant provided evidence to warrant correcting his records to show award of the Army Commendation Medal in the absence of permanent orders announcing the award. 

3.  The applicant contends that he did not receive the Good Conduct Medal for his initial three years of service.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

4.  The applicant contends that he completed additional MOS proficiency training and it is not listed on his discharge documents.  The applicant provided sufficient evidence to support correcting his record to show course completion for the medical proficiency training program for MOS 91A.  As cited above, the medical proficiency-training program (91A) is a full-time course; therefore, the course can be listed on the separation document.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 November 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 November 1992.  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:

___LS___  ___JP  __  __JH ___  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 to show the entry in Block 13 "Army Commendation Medal, Army Achievement Medal First Oak Leaf Cluster, Good Conduct Medal First Award for the period 28 November 1986 to 27 November 1989."  Additionally Block 14, of DD Form 214, should be amended to show "Medical Proficiency Training MOS 91A, 13 weeks, 89/07".




_____ Linda Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20070003932
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070726
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.