IN THE CASE OF:	  

		BOARD DATE:	        26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080011378 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his placement on the Temporary Disability Retired List (TDRL), which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show all of his awards and courses that he completed.

2.  The applicant essentially states that he was recently removed from the TDRL and retired due to permanent physical disability and now wishes to have his 
DD Form 214 corrected to show all of his awards and courses that he completed.

3.  The applicant provides evidence which has been indexed in a separate list of enclosures in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was serving in the Regular Army when he was honorably released from active duty on 8 June 2005 after completing 8 years, 10 months, and 16 days of active duty service, and was placed on the TDRL on 9 June 2005.  He attained the rank and pay grade of sergeant/E-5, and served in military occupational specialty 88M (Motor Transport Operator).  His DD Form 214 also shows that prior to entering the Regular Army on 23 July 1996, he completed 11 years and 11 days of prior inactive service, and 4 months and 14 days of prior active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this document also shows that he was awarded the Army Achievement Medal (2nd Award), the Good Conduct Medal, the National Defense Service Medal, the Korea Defense Service Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Additionally, item 14 (Military Education) of this document shows that he completed a 4-week Primary Leadership Development Course in 2000 and a 2-week Transport of Hazardous Materials Course in 2003.

2.  The applicant provided properly constituted certificates showing that he was awarded four Army Achievement Medals, but his DD Form 214 only reflects that he was awarded two Army Achievement Medals.

3.  The applicant provided a certificate showing that he was awarded the Good Conduct Medal for the period 1 July 1996 to 30 June 1999, but he did not reenter active duty in the Regular Army until 23 July 1996.  He also provided orders, dated 28 November 2001, which awarded him the Good Conduct Medal (2nd Award) for the period 31 August 1998 to 30 August 2001, which overlaps the period of his first award of the Good Conduct Medal by 10 months.  The available records provide no evidence that any period of the applicant's active duty service in the Regular Army was disqualifying with regards to the Good Conduct Medal or that he had any lost time which could explain the periods covered by his Good Conduct Medal certificate and orders.

4.  The applicant provided two memorandums, dated 20 July 1996, which show that he was awarded the Army Reserve Components Achievement Medal for the period 28 February 1985 to 27 February 1989, and again for the period 
28 February 1989 to 27 February 1993, but these awards are not listed on his 
DD Form 214.

5.  The applicant provided orders, dated 17 November 1997, which essentially awarded him the Driver and Mechanic Badge with Driver-W Bar, but it is not shown on his DD Form 214.

6.  The applicant provided a Diploma, dated 28 June 1996, showing that he completed a 40-hour Palletized Load System Operator/Operator's Maintenance Course from 24 to 28 June 1996 and a Diploma, dated 26 September 1996, showing that he completed a 40-hour Drivers Training Course from 23 to 
26 September 1996.  He also provided Certificates of Training showing that he completed a 40-hour Field Sanitation Team Training Course from 18 to 
22 August 1997, a 40-hour Hazardous Cargo Driver Training Course from 
28 September 1998 to 2 October 1998, and 80 hours of operator training on the Heavy Expanded Mobility Tactical Truck – Load Handling System (HEMTT-LHS) on 8 March 2002, but none of these courses are listed on his DD Form 214.

7.  The applicant also provided a Certificate of Graduation showing he successfully completed the Primary Leadership Development Course conducted from 15 November 2000 to 15 December 2000, and a Certificate of Training showing that he completed an 80-hour Technical Transportation of Hazardous Materials Course from 31 March to 11 April 2003, but these courses are already listed on his DD Form 214.

8.  Additionally, the applicant provided a Certificate of Training showing that he completed a Master Driver Course from 8 to 12 April 2002 which does not specify the number of hours this course encompassed, and a certificate showing he completed an 8-hour Movement Tracking System (MTS) System Administrator's Course on 25 July 2002.  He also provided a certificate showing he completed Rear Detachment Commander Family Support Liaison Training on 25 February 2000, and a Certificate of Completion showing that he completed an Introduction to Defense Reutilization/Marketing System course via correspondence on 6 May 1999.  Further, he provided a Military Training Certificate showing that he completed 2 years of instruction in the Senior Reserve Officers' Training Corps (ROTC) on 23 May 1985, and a Certificate of Training showing that he completed German Headstart from 2 to 5 February 1998.

9.  The applicant also provided three Certificates of Achievement and a Certificate of Appreciation, as well as a Memorandum for Record, dated 14 April 2003, which appointed him an additional duty as Hazardous Material Noncommissioned Officer in Charge.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

11.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  For item 13, it essentially provides that all awards and decorations for all periods of service will be entered as specified in Army Regulation 600-8-22.  For item 14, it provides that all formal in-service training courses shown on the Enlisted Record Brief or Personnel Qualification Record which were successfully completed during the period of service covered by the DD Form 214 will be listed on the DD Form 214.  Correspondence courses are not listed on the DD Form 214 with the two exceptions being completion of the Command and General Staff College and Senior Service Colleges by correspondence.  
 
12.  Table 5-2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records), Table 2-1, provides that Certificates of Achievement and Appreciation will be filed in the Commendatory and Disciplinary section of the Performance portion of a Soldier’s Official Military Personnel File (OMPF).

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards and courses that he completed.

2.  Although the applicant's DD Form 214 shows that he was awarded the Army Achievement Medal (2nd Award), the applicant provided properly constituted certificates showing that he was actually awarded four Army Achievement Medals.  As a result, it would be appropriate at this time to correct his military records to show the award of the Army Achievement Medal (4th Award).

3.  While it appears that the applicant was twice awarded the Good Conduct Medal, both the certificate for his first Good Conduct Medal which began the beginning period of the award prior to his reentry onto active duty, and the orders for his second Good Conduct Medal, which overlapped the period of his first Good Conduct Medal by 10 months, are in error.  As there is no derogatory information in his military records which could be a disqualifying factor towards awarding him Good Conduct Medals, it would be appropriate at this time to properly award him the Good Conduct Medal (1st Award) for the period 23 July 1996 to 22 July 1999 and the Good Conduct Medal (2nd Award) for the period 
23 July 1999 to 22 July 2002, and to correct his military records to show the award of the Good Conduct Medal (2nd Award).  It would also be appropriate to remove any information in his military records, such as orders or certificates, related to the previous inaccurate attempts at awarding him Good Conduct Medals from his military records.

4.  The applicant provided two memorandums, dated 20 July 1996, which show that he was awarded the Army Reserve Components Achievement Medal for the period 28 February 1985 to 27 February 1989, and again for the period 
28 February 1989 to 27 February 1993, but these awards are not listed on his DD Form 214.  Therefore, it would be appropriate at this time to correct his 
DD Form 214 to show the award of the Army Reserve Components Achievement Medal (2nd Award). 

5.  The applicant provided orders, dated 17 November 1997, which essentially awarded him the Driver and Mechanic Badge with Driver-W Bar, but it is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show the award of the Driver and Mechanic Badge with 
Driver-W Bar.

6.  The applicant provided a Diploma, dated 28 June 1996, showing that he completed a 40-hour Palletized Load System Operator/Operator's Maintenance Course from 24 to 28 June 1996.  This course was completed outside the period covered by the DD Form 214 and is therefore not authorized for entry.

7.  The applicant provided a Diploma, dated 26 September 1996, showing that he completed a 40-hour Drivers Training Course from 23 to 26 September 1996.  He also provided Certificates of Training showing that he completed a 40-hour Field Sanitation Team Training Course from 18 to 22 August 1997, a 40-hour Hazardous Cargo Driver Training Course from 28 September 1998 to 2 October 1998, and 80 hours of operator training on the HEMTT-LHS on 8 March 2002, but none of these courses are not listed on his DD Form 214.  As a result, he is entitled to correction of his DD Form 214 to show that he completed the aforementioned courses.

8.  The applicant also provided a Certificate of Graduation showing he successfully completed the Primary Leadership Development Course conducted from 15 November 2000 to 15 December 2000, and a Certificate of Training showing that he completed an 80-hour Technical Transportation of Hazardous Materials Course from 31 March to 11 April 2003, but these courses are already listed on his DD Form 214.  As a result, there is no basis for correcting his 
DD Form 214 to show them a second time.

9.  The applicant provided certificates showing that he completed a Master Driver Course from 8 to 12 April 2002 and Rear Detachment Commander Family Support Liaison Training on 25 February 2000, both of which do not specify the number of hours these courses encompassed.  As it cannot be established that either of these courses were at least 40 hours in duration, there is insufficient basis for correcting his DD Form 214 to show that he completed these courses.

10.  Although the applicant completed an MTS System Administrator's Course on 25 July 2002, this course was not at least 40 hours in duration and, as a result, there is no basis for correcting his DD Form 214 to show that he completed this course.

11.  Although the applicant completed an Introduction to Defense Reutilization/ Marketing System course on 6 May 1999, this correspondence course is not authorized to be entered on the DD Form 214.  As a result, there is no basis for correcting his DD Form 214 to show that he completed this correspondence course.

12.  The fact that the applicant completed 2 years of instruction in the Senior ROTC on 23 May 1985 is not questioned; however, he did not complete this training during the period covered by his DD Form 214.  As a result, there is no basis for correcting his DD Form 214 to show that he completing this instruction.

13.  Although it appears that the applicant is requesting that the three Certificates of Achievement and a Certification of Appreciation he provided be added to his DD Form 214, there is no regulatory requirement to list Certificates of Achievement or Appreciation on a DD Form 214.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.  However, as the applicant’s Certificates of Achievement and Appreciation are not filed in the Commendatory and Disciplinary section of the Performance section of his OMPF, he is entitled to correction of his military records by adding these certificates to his OMPF.

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:

	a.  showing the award of the Army Achievement Medal (4th Award), and removing the entry for the Army Achievement Medal (2nd Award) on his 
DD Form 214;

	b.  awarding him the Good Conduct Medal (1st Award) for the period 23 July 1996 to 22 July 1999 while serving as a specialist and the Good Conduct Medal (2nd Award) for the period 23 July 1999 to 22 July 2002 while serving as a sergeant, and removing any information in his military records, such as orders or certificates, related to the previous inaccurate attempts at awarding him Good Conduct Medals from his military records;

	c.  showing the award of the Army Reserve Components Achievement Medal (2nd Award) and the Driver and Mechanic Badge with Driver-W Bar;

	d.  showing that he completed a 1-week Drivers Training Course in 1996, a  1-week Field Sanitation Team Training Course in 1997, a 1-week Hazardous Cargo Driver Training Course in 1998, and a 2-week Heavy Expanded Mobility Tactical Truck – Load Handling System Course in 2002; and

	e.  adding the three Certificates of Achievement and one Certification of Appreciation provided by the applicant to the Commendatory and Disciplinary section of the Performance section of his OMPF.

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:

	a.  showing that he completed a 1-week 40-hour Palletized Load System Operator/ Operator's Maintenance Course in 1996;

	b.  showing that he completed a 4-week Primary Leadership Development Course in 2000 or a 2-week Technical Transportation of Hazardous Materials Course in 2003, as they are already listed on his DD Form 214; 


	c.  showing that he completed a Master Driver Course, Rear Detachment Commander Family Support Liaison Training, an MTS System Administrator's Course, an Introduction to Defense Reutilization/Marketing System Course, or 
2 years of instruction in the Senior ROTC; or

	d.  adding the three Certificates of Achievement and one Certificate of Appreciation provided by the applicant to his DD Form 214.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during his military service.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _ 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)                                         AR20080011378



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011378



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1