RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017461 


	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.

      The following members, a quorum, were present:













	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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and 
Item 14 (Military Education) of his 6 December 1998, Separation Document 
(DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 does not include the Army Commendation Medal (ARCOM) and Humanitarian Service Medal (HSM) in Item 13, and does not include the Special Forces Assessment and Selection and the American Language courses in Item 14.  He now requests that these awards and schools be added to his DD Form 214. 

3.  The applicant provides the following documents in support of his application:  DD Form 214; Special Forces Assessment and Selection Course Completion Certificate; ARCOM Certificate; Recommendation for Award (DA Form 638); English Language Center Diploma; and Headquarters, 20th Engineer Brigade Memorandum with attached roster, dated 1 August 1997.

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 record shows that he enlisted in the Regular Army and entered active duty on 8 March 1994.  He was trained in, was awarded, and served in military occupational specialty (MOS) 51T (Technical Engineer Supervisor).  


3.  Item 9 (Medals, Decorations, and Citations) of the applicant’s Personnel Qualification Record (DA Form 2-1) shows that during his active duty tenure, he earned the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Army Good Conduct Medal (AGCM), Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  

4.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 shows he completed the following courses:  English Second Language Course, 7 weeks, 1994; Technical Engineer Specialist Course, 19 weeks, 1994; Basic Airborne Training Course, 3 weeks, 1995; Air Assault Course, 2 weeks, 1996; Automated Integrated Survey Instrument Course, 1 week, 1996; and Emergency Lifesaver Course, 2 weeks, 1997. 

5.  The applicant's Official Military Personnel File (OMPF) contains a Recommendation for Award (DA Form 638) and ARCOM Certificate.  These documents show the applicant was awarded the ARCOM, for his exceptionally meritorious service during the period 10 January 1995 through 5 October 1998, and that this award was approved by proper authority and announced in Permanent Order Number 245-04, dated 27 August 1998.  

6.  The applicant's OMPF also contains a Special Warfare Center and School Certificate, dated 1 October 1989.  This document shows the applicant attended and completed the Special Forces Assessment and Selection Course during the period 8 September 1998 through 1 October 1998.  

7.  On 6 December 1998, the applicant was honorably released from active duty (REFRAD) after completing 4 years, 8 months, and 29 days of active military service.  Item 13 of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  Army Achievement Medal; AGCM; NDSM; ASR; Parachutist Badge; Air Assault Badge; and Driver and Mechanic Badge with Driver-W Bar.  Item 14 shows he completed the following courses:  Technical Engineering Specialist Course, 19 weeks, December 1994; Emergency Lifesaver Course, 2 weeks, September 1997; and Operations and Unit Level Maintenance Training Course for the Automated and Integrated Survey Instrument Course, 1 week, August 1996.  





8.  The applicant provides a Headquarters, 20th Engineer Brigade Memorandum with an attached by name roster, dated 1 August 1997.  This document shows he 
was recommended for award of the HSM based on his participation in the Hurricane Fran Disaster Relief Operation during the period 5 September 1996 
through 13 September 1996.  

9.  The applicant also provides a copy of an English Language Center Diploma, dated 8 April 1994, which shows he completed the American Language Course.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  
Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 state to enter all awards earned.  The instructions for Item 14 state that only formal
in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered.  The course entries will include title, length in weeks, and year completed.  It further stipulates that this information is to assist the Soldier in job placement and counseling; therefore, combat skills courses will not be entered.  

11.  Department of Army (DA) Pamphlet 351-4 (Army Formal Schools Catalog) is the official source of information on formal courses of instruction offered at active U.S. Army Schools and Training Centers.  It also describes inter-service and other Department of Defense (DOD) courses for Army personnel.  It states in pertinent part that only those formal courses listed in the DA Pam 351-4 will be recorded in Item 14 (Military Education) of the DD Form 214.  The Special Forces Assessment and Selection and American Language course is contained in this pamphlet; however, the American Language course is not.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-22, contains guidance on the HSM.  It states in pertinent part, that the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time 


limits, and must provide evidence that substantiates direct participation.  Appendix C identifies Department of Defense (DOD) and Department of Army (DA) approved HSM Operations which includes the Hurricane Fran Disaster Relief Operation in North Carolina during the period 5 through 13 September 1996. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 6 December 1998 DD Form 214 should be corrected to show his entitlement to the ARCOM was carefully considered and found to have merit.  The evidence of record confirms that the applicant was awarded the ARCOM by proper authority and that this award was announced in Permanent Orders, as evidenced by the DA Form 638 and ARCOM Certificate contained in his record.  Therefore, it would be appropriate to add this award to Item 13 of his DD Form 214 at this time.

2.  The applicant's contention that he is entitled to the HSM was also carefully considered and found to have merit.  By regulation the HSM was approved for service members who directly participated in a humanitarian act or operation of the HSM Operations which includes the Hurricane Fran Disaster Relief Operation in North Carolina during the period 5 through 13 September 1996.  The evidence of record confirms the applicant directly participated in the Hurricane Fran Disaster Relief Operation, as evidenced by the Headquarters, 20th Engineer Brigade Memorandum on file in his OMPF.  Therefore, it would also be appropriate to add this award to Item 13 of his DD Form 214 at this time. 

3.  The applicant's contention that the Special Forces Assessment and Selection and American Language courses he completed should be added to Item 14 of his DD Form 214 was carefully considered.  By regulation, only those formal courses listed in DA Pamphlet 351-should be recorded in Item 14 of the separation document.  

4.  The evidence of record confirms that the Special Forces Assessment and Selection course is a formal course listed in DA Pamphlet 351-4.  Therefore, it would be appropriate to add this course to Item 14 of his DD Form 214.  

5.  However, the American Language course is not contained in the Army Formal Schools Catalog and is not considered a formal in-house training course.  As a result, it would not be appropriate to add this course to his separation document at this time.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PHM__  __JGH __  __KSJ __  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 amending his 6 December 1998 DD Form 214 by:

      a.  adding the Army Commendation Medal and the Humanitarian Service Medal to Item 13; 
      
      b.  adding the entry "Special Forces Assessment and Selection Course,
4 weeks, 1998" to Item 14; and 
      
      c.  providing him a correction to his separation document that includes these changes.  

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 adding the American Language Course to Item 14 of his DD Form 214.




      	_____PHM                    ___
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017461



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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