IN THE CASE OF:	  

		BOARD DATE:	  10 March 2009

		DOCKET NUMBER:  AR20080014543 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she was awarded three Army Achievement Medals and two Army Commendation Medals.  The applicant also requests that her DD Form 214 be corrected to show the Practical Nurse Course she completed was of a duration of 52 weeks and not 6 weeks as shown.

2.  The applicant states, in effect, that she was presented with both additional medals after her initial DD Form 214 was created.  The Practical Nurse Course time period was an oversight and was a 52 week course; 6 weeks were for Phase I and 46 weeks for Phase II.

3.  In support of her request, the applicant provides a copy of her DD Form 214, a copy of her DA Form 1059 (Service School Academic Evaluation Report), and a copy of two DA Forms 638 (Recommendation for Award) - one for the Army Commendation Medal (1st Oak Leaf Cluster) and one for the Army Achievement Medal.

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 enlisted in the U.S. Army Reserve on 18 January 2000.  On 9 August 2000, she enlisted in the Regular Army.  She successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  Upon the applicant's release from active duty on 11 August 2005, she held MOS 91W (Health Care Specialist).

3.  The evidence shows the applicant was honorably released from active duty in the rank and pay grade of sergeant (SGT)/E-5 on 11 August 2005, under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-16 (Early Separation to Attend School).  On the date she was released from active duty she had completed 5 years and 3 days net active service with no time lost.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded: the Army Commendation Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.

5.  The applicant was awarded the Army Commendation Medal, for meritorious achievement, for the period 6 March 2003 to 30 June 2003, by Permanent Orders Number 143-233, published by the 115th Field Hospital, Fort Polk, Louisiana, on 30 June 2003.  The award citation/orders for this award are on file in the applicant's iPERMS (Interactive Personnel Electronic Records Management System) File.

6.  The applicant was awarded the Army Commendation Medal, for meritorious service, for the period 12 March 2002 to 11 August 2005, by Permanent Orders Number 194-01, published by Headquarters, Warrior Brigade, Fort Polk, on 16 December 1965.  The award citation/orders for this award are on file in the applicant's iPERMS File.


7.  The DA Form 638 the applicant submitted recommending she be awarded the Army Commendation Medal (1st Oak Leaf Cluster) corresponds with the certificate for award of the Army Commendation Medal described in the paragraph above.

8.  The applicant was awarded the Army Achievement Medal, for meritorious achievement, for the period 1 January 2003 to 26 June 2003, by Permanent Orders 307-01, published by the 115th Field Hospital, Fort Polk, on 3 November 2003.  The award citation/orders for this award are on file in the applicant's iPERMS File.

9.  The applicant was awarded the Army Achievement Medal, for outstanding achievement, for the period 15 March 2004 to 28 March 2004, by Permanent Orders 105-13, published by the 115th Field Hospital, Fort Polk, on 14 April 2003.  The award citation/orders for this award are on file in the applicant's iPERMS File.  

10.  The DA Form 638, dated 23 May 2005, that the applicant submitted, shows she was recommended for award of the Army Achievement Medal.  The DA Form 638, dated 27 June 2005, recommending the applicant receive the Army Commendation Medal (1st Oak Leaf Cluster) shows in Item 8 (Previous Awards) she had been awarded the Army Achievement Medal (1st Oak Leaf Cluster).  Even though the DA Form 638 was approved by the battalion commander, Part V (Orders Data) of the DA Form 638 provided by the applicant is blank.  The applicant did not provide nor is there a completed copy of an awards citation/order in the applicant's IPERMS File to show she was awarded a third Army Achievement Medal.

11.  Item 14 (Military Education) of the applicant's DD Form 214 shows she completed a Practical Nurse Course of 6 weeks duration in March 2001.

12.  The DA Form 1059 the applicant submitted shows the duration of the Practical Nurse Course was from 22 January 2001 through 15 February 2002.  Item 16 (Comments) in the DA Form 1059 states in pertinent part, she "completed the requirements of this 52 week Practical Nurse Course with a final grade point average of 88.92%."  A copy of the DA Form 1059 is on file in the applicant's iPERMS File.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for block 14 (Military Education), from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period 
of service covered by the DD Form 214.  Include 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded two Army Commendation Medals in the period covered by her DD Form 214.  She is therefore entitled to a correction of her DD Form 214 to show she was awarded the Army Commendation Medal (2nd Award).

2.  The evidence shows the applicant was awarded two Army Achievement Medals in the period covered by her DD Form 214 and was recommended for a third award; however, there is insufficient evidence to show that after the battalion commander approved the recommendation for an additional Army Achievement Medal [in effect the third award] that appropriate orders were prepared and distributed.  Part V of the DA Form 638 provided by the applicant is blank.  There is also no corresponding awards certificate on file in the applicant's records or provided by the applicant.  The applicant is therefore not entitled to a correction of her DD Form 214 to show she was awarded the Army Achievement Medal (3rd Award).

3.  The evidence shows that the Practical Nurse Course the applicant completed was of a duration of 52 weeks.  Based on the evidence she provided and the evidence which is present in her iPERMS record, the applicant is entitled to a correction of her DD Form 214 to show the Practical Nurse Course was of 52 weeks duration instead of 6 weeks and that she completed the course in 2002 instead of 2001.

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.  deleting from item 13 of the applicant's DD Form 214 the entry "Army Commendation Medal" and replacing it with the entry "Army Commendation Medal (2nd Award)"; and 
	
      b.  deleting from item 14 of the applicant's DD Form 214 the entry "Practical Nurse Course, 6 Weeks, Mar 2001" and replacing it with the entry "Practical Nurse Course, 52 Weeks, 2002."

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 addition of the Army Achievement Medal (3rd Award) to the applicant's 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)                                         AR20080014543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014543



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1