RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070006736 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

Member

Mr. Edward E. Montgomery

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 records to show award of the Army Commendation Medal and completion of the Sapper Leader Course.

2.  The applicant states that he received his Army Commendation Medal after he had signed his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that the Sapper Leader Course was recently recognized by the Army. 

3.  The applicant provided a copy of his DD Form 214; copies of the DA Form 638 (Recommendation for Award), certificate, and citation awarding him the Army Commendation Medal; copies of DA Form 87 (Certificate of Training) showing completion of the Sapper Leader Course, Fort Leonard Wood, Missouri, Certificate of Graduation from the Sapper Leader Course, and Permanent Orders 302-10, dated 28 October 2004, awarding him the Sapper Tab, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 28 January 1998 for a period of 4 years.  He was honorably released from active duty on 23 October 2001 under the provisions of paragraph 5-4 of Army Regulation 635-200 to attend school.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal (2nd Award), the Army Good Conduct Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, and the Driver and Mechanic Badge with Driver-W Bar.  Item 13 does not show award of the Army Commendation Medal.

4.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders Number 177-14, dated 26 July 2001 awarded the applicant the Army Commendation Medal for meritorious service while assigned to the "All American Division" during the period 15 June 1998 through 12 August 2001.

5.  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.

6.  Item 14 (Military Education) of the applicant's DD Form 214 does not show completion of the Sapper Leader Course.  However, the applicant's records show that he successfully attended and completed the Sapper Leader Course during the period 16 July 2000 through 14 August 2000 at the Sapper Training Detachment, Fort Leonard Wood, Missouri.

7.  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 source document for preparation of the DD Form 214 is the Soldier's DA Form 2-1.

8.  Army Regulation 600-8-104 (Military Personnel Information Management and Records), then in effect, provided specific guidance for updating the DA Form 2-1 (Personnel Qualification Record).  This regulation stated that an entry would be made in Item 17 (Civilian Education and Military Schools) of the DA Form 2-1 for the successful completion of each formal course of instruction resulting in the award of a special skill identifier/military occupational specialty which makes a direct contribution to the proficiency in a particular special skill identifier (SSI)/MOS.  This regulation further stated that an entry would be made for successful completion of any course of instruction conducted under military sponsorship or direction, if attendance equals or exceeds 40 hours.

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

10.  Headquarters, United States Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Permanent Orders 302-10, dated 28 October 2004, show that the applicant was awarded the Sapper Tab for completion of the Sapper Leader Course during the period 16 July 2000 through 14 August 2000.

11.  Army Regulation 600-8-22 provides that the Sapper Tab was established by the Chief of Staff, Army on 28 June 2004.  It is authorized for award to U.S. military and civilian personnel and foreign military personnel who meet the prescribed eligibility criteria.  The basic eligibility criteria for award of the Sapper Tab are as follows: (1) Successful graduation of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School, (2) Any person who successfully graduates from a Sapper Leaders Course conducted by the U.S. Army Engineer School at Fort Leonard Wood, Missouri.  The Sapper Tab may be awarded retroactively to any person who successfully completes all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985. Retroactive requests will be submitted to the Commandant, U.S. Army Engineer School, ATTN: Commander, 577th Engineer Battalion, Fort Leonard Wood, MO 65473. Retroactive requests for veterans and retirees must be forwarded as follows: (1) Personnel released from Active Duty with reserve obligation; reserve component personnel; Army personnel separated after October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit requests to USA HRC, ATTN: ZCC–A, 1 Reserve Way, St. Louis, MO 63132–5200 and (2) Personnel separated after 1912 and prior to October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit to the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Army Commendation Medal and completion of the Sapper Leader Course.

2.  Orders show the applicant was awarded the Army Commendation Medal for meritorious service while assigned to the "All American Division" during the period 15 June 1998 through 12 August 2001.  Therefore, he is entitled to correction of his records to show this award.


3.  Evidence of records shows that the applicant had successfully completed the sapper Leader Course.  However, the Sapper Leader Course is a combat-skills producing course and is not entered on the DD Form 214.  Therefore, the applicant is not entitled to correction of his records to show this course.

4.  Orders show that the applicant was awarded the Sapper Tab for completion of the Sapper Leader Course during the period 16 July 2000 through 14 August 2000.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__rtd___  __cad___  __eem___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the Army Commendation Medal and the Sapper Tab.

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 Sapper Leader Course.



						Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006736
SUFFIX

RECON

DATE BOARDED
20070927
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.