IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080008940 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 Commendation Medal, a second award of the Army Achievement Medal, and completion of a  50-hour Combatives Training Course.  

2.  The applicant states that the awards and training course were left off his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 2 May 1994; a copy of a certificate, dated 13 April 1994, showing award of the Army Commendation Medal; copies of two certificates, dated 6 August 1993 and 28 February 1991, showing two awards of the Army Achievement Medal; a copy of a certificate of achievement, dated April 1994; and a copy of his DA Form 87 (Certificate of Training), dated 21 April 1994, 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.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 already lists the applicant’s Army Achievement Medal (1st Oak Leaf Cluster) indicating that he was awarded two awards of the Army Achievement Medal.  Therefore, the Army Achievement Medal will not be discussed further in the Record of Proceedings.

3.  The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 28 August 1986.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 31V (Tactical Communications System Operator/Mechanic).  His records also show he executed a 2-year reenlistment on 20 January 1989 and a 3-year reenlistment on 22 March 1991.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 May 1994.  The highest rank he attained during his military service was specialist.

4.  The applicant’s records also show he served in Korea from 17 August 1992 to 16 August 1993. 

5.  Item 13 of the DD Form 214 he was issued shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Good Conduct Medal (2nd Award), the Army Achievement Medal (1st Oak Leaf Cluster), the Drivers Badge, and the Air Assault Badge.  Item 13 does not list award of the Army Commendation Medal.

6.  Headquarters, 18th Field Artillery Brigade (Airborne), Fort Bragg, North Carolina, Permanent Orders 39-2, dated 13 April 1994, show the applicant was awarded the Army Commendation Medal for meritorious service from 28 August 1986 to 2 May 1994. 

7.  Item 14 (Military Education) of the applicant’s DD Form 214 shows the applicant completed the Tactical Communications System Operator/Mechanic Course, the Primary Leadership Development Course, the Instructor Training Course, the Combat Lifesaver Course, and the Maneuver Control System Maintenance and Trouble Shooting Course.  Item 14 does not show the Combatives Training Course. 

8.  The applicant’s DA Form 87 shows he completed 50 hours of combatives training from February 1994 through March 1994 at Fort Bragg, North Carolina, on 21 April 1994.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation of the DD Form 214.  In the version in effect at the time, it states for Item 14 of the DD Form 214 list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This entry is obtained from the Soldier’s records and includes the course title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in DA Pam 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

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

11.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded he applicant the Army Commendation Medal for meritorious service which is not shown on his D Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  The evidence of record shows that the applicant served in Korea from 17 August 1992 to 16 August 1993.  Therefore, he served a qualifying period for award of Korea Defense Service Medal and is entitled to correction of his records to show this award.  

3.  With respect to the applicant’s combatives training course, this training is not considered formal in-service (full-time attendance) training because this training was completed over a period of two months to enhance the applicant’s combat skills.  There is no provision in the regulation to enter this type of training on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X______  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 adding the Army Commendation Medal and the Korea Defense Service Medal to Item 13 of the applicant’s DD Form 214.

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 applicant or his combatives training.



      _______ _ XXX  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008940



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ABCMR Record of Proceedings (cont)                                         AR20080008940



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