IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080013164 


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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and Item 14 (Military Education) of his separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that Item 13 of separation document should reflect his receipt of the Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM), Noncommissioned Officer Professional Development Ribbon, Air Assault Badge, Parachutist Badge, German Parachutist Badge, and Canadian Parachutist Badge.  He also states the Item 14 should be corrected to show he completed the Basic Mountaineering Course, Primary Leadership Development Course, and the United States Army Alaska Unit Movement Officer Course.

3.  The applicant provides the following documents in support of his application:  Unit Memorandum, dated 5 May 2001; DD Form 214; AAM Certificate; Headquarters, XVIII Airborne Corps Memoranda, dated 15 and 28 April 2000, 
Air Assault Badge Orders, dated 30 September 1997; Service School Academic Evaluation Report (DA Form 1059); AGCM Orders, dated 15 March 2001; Parachutist Badge Orders, dated 3 August 1997; and Course Completion Certificates (Basic Mountaineering Course, Primary Leadership Development Course, United States Army Alaska Unit Movement Officer Course, Airborne Course, Air Assault Course and Sapper Leader Course).

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 military records show he enlisted in the Regular Army (RA) and entered active duty on 22 April 1997.  He was trained in, awarded, and served in military occupational specialty (MOS) 12B (Combat Engineer).

3.  On 27 April 2001, the applicant was discharged, in the rank of private/E-1 (PV1, after completing 4 years, 3 months, and 6 days of active duty service, of which 10 months and 27 days were foreign service.  

4.  Item 11 (Primary Specialty) of the DD Form 214 issued to the applicant upon his discharge confirms he held MOS 12B and served in that MOS for 4 years. Item 13 shows that during his active duty tenure, he earned the Army Service Ribbon, and Item 14 lists completion of only MOS 12B (Combat Engineer Course).  

5.  The applicant provides an AAM Certificate which shows this award was authorized and announced in 27th Engineer Battalion Permanent Orders Number 087-01, on 28 March 2000.  He also submits XVIII Airborne Corps and Fort Bragg Memoranda, dated 15 and 28 April 2000, which show he was awarded and authorized to wear the German and Canadian Parachutist Badges.  In addition, he provides XVIII Airborne Corps Permanent Order Number 273-46, dated 30 September 1997, which awarded him the Air Assault Badge.

6.  The applicant also provides 562nd Engineer Company Permanent Orders 074-04, dated 15 March 2001, which awarded him the AGCM.  United States Army Infantry Center, Permanent Orders Number 215-239, dated 3 August 1997, which awarded him the Parachutist Badge and added the Skill Qualification Identifier "P" (Parachutist) to his MOS (MOS12B1P).  

7.  In addition, the applicant provides a DA Form 1059, dated 9 March 2000, which confirms he successfully completed PLDC during the period 8 February – 9 March 2009.  He also provides certificates confirming his completion of the Basic Mountaineering Course, PLDC, United States Army Alaska Unit Movement Course, Airborne Course, Air Assault School and the Sapper Training Course.

8.  The applicant provides a memorandum from the Noncommissioned Officer in Charge (NCOIC), Military Personnel Division (MPD), B Detachment, 
203d Personnel Service Battalion, which supports correcting Items 13 and 14 of his DD Form 214 and the issuance of a DD Form 215 (Correction to the DD Form 214). 

9.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4h(13) states to list awards and decorations for all periods of service in priority, as listed in the Army’s awards regulation, which does not include Certificates of Achievement.   Paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214 will be listed in Item 14.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  

10.  Department of the Army (DA) Pamphlet (Pam) 351-4 is the official source of information of formal courses of instruction offered at United States Army Schools and Training Centers.  This document defines a formal school course as a course operated to support Army-wide requirements as distinguished from a course operated by a major command for the benefit of that command and states that all courses that are described in DA Pam 351-4 are formal courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Items 13 and 14 of his 4 December 1998 and 15 May 2003 separation documents should be corrected were carefully considered and found to have partial merit.  

2.  By regulation, Item 13 of the DD Form 214 lists awards for all periods of service and Item 14 documents formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the 
DD Form 214, minus training courses for combat skills.  

3.  The certificates, official orders, and supporting statement provided by the applicant confirm he was awarded the AAM, AGCM, NCO Professional Development Ribbon; Air Assault Badge, Parachutist Badge, German Parachutist Badge and Canadian Parachutist Badge, none of which are included in the list of awards contained on his DD Form 214.  As a result, it would be appropriate to add these awards to Item 13 of his DD Form 214.  In addition, given that the applicant was awarded the Parachutist Badge and SQI of "P" with his primary MOS, Item 11 should be amended to show his MOS as MOS 12B1P. 

4.  The evidence in this case does confirm that the applicant completed PLDC during the period 8 February through 9 March 2000 and the Basic Airborne Course on 15 August 1997, and this training is not reflected on his separation document.  As a result, Item 14 of his DD Form 214 should be corrected to include these formal courses.  

5.  However, the Basic Mountaineering Course, United States Army Alaska Unit Movement Course, Air Assault School, and the Sapper Training Course are combat skill courses and do not meet the regulatory criteria for inclusion in item 14 of the DD Form 214.  As a result, it would not be appropriate to add these courses to the applicant's 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 amending his DD Form 214 as follows:  Item 11 - delete the current entry and replace it with the entry "12B1P 00 - Combat Engineer - 4 years, 0 months"; Item 13 - add the Army Achievement Medal, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Air Assault Badge, Parachutist Badge, German Parachutist Badge, and Canadian Parachutist Badge; Item 14 - add the entries "Primary Leadership Development Course, 
4 Weeks, 2000” and "Basic Airborne Course, 3 weeks, 1997"; and by providing him a correction 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 Basic Mountaineering Course, United States Army Alaska Unit Movement Officer Course, Air Assault School and Sapper Training Course to Item 14 of his 
DD Form 214.




      _______x_   _______   ___
               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)                                         AR20080013164



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ABCMR Record of Proceedings (cont)                                         AR20080013164



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