IN THE CASE OF:	

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080016684 


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 that his completion of the Primary Leadership Development Course (PLDC) and his German Marksmanship Award for weapons qualification be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 May 1989.

2.  The applicant states that at the time of his separation all of the information was not taken from his "201 file" (DA Form 201 [Military Personnel Records Jacket (MPRJ), United States Army]).  He states that St. Louis records cannot find his 201 file.  He states he does not have any of his paperwork from years ago, including a DA Form 1059 (Service School Academic Evaluation Report) or any certificates for awards.  He states he attended PNCOC (Primary NCO Course, Combat Army) (later known as PLDC) for 4 weeks at Fort Hood, TX in August 1984.  He states he received the German Marksmanship Award in September or October 1988.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 
5 May 1989 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.  The applicant's military personnel records show he enlisted in the Regular Army on 10 August 1982 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45D (Self-propelled Field Artillery Turret Mechanic).  He immediately reenlisted on 11 February 1986 and was honorably discharged on 5 May 1989.  He enlisted in the Mississippi Army National Guard (MSARNG) on 17 March 2004 and continues to serve in that status.

3.  The applicant was assigned to C Battery, 2nd Battalion, 83rd Field Artillery in Germany during the period from 3 August 1984 to 13 October 1986.

4.  The applicant was assigned to A Battery, 3rd Battalion, 82nd Field Artillery at Fort Hood from 10 December 1986 to 31 March 1988.

5.  The applicant was assigned to C Battery, 3rd Battalion, 37th Field Artillery in Germany from 13 April 1988 to 4 May 1989.

6.  The applicant was promoted to specialist four (SP4)/pay grade E-4 on
1 October 1984 and was laterally appointed to corporal (CPL) on 14 July 1988.

7.  Item 9 of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show the applicant was awarded the German Marksmanship Award.  There are no orders, citations, or other original copies of the German Marksmanship Award having been awarded to the applicant in his MPRJ.

8.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 does not include any entry showing completion of either PNCOC or PLDC.

9.  There are no orders in the applicant's MPRJ assigning him to either PNCOC or PLDC and the MPRJ does not contain a DA Form 1059 that would show the applicant's satisfactory completion of either PNCOC or PLDC.

10.  On 5 May 1989, the applicant was discharged by reason of hardship.  He had completed 6 years, 8 months, and 26 days of active service that was characterized as honorable.

11.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the applicant was awarded the German Marksmanship Award and 
Item 14 (Military Education) does not contain an entry showing the applicant completed either PNCOC or PLDC.

12.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  It provided in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service would be entered in Item 13 of the DD Form 214.

13.  Army Regulation 635-5 also provided in pertinent part, that the DA Form 2-1 was among the source documents for entries on the DD Form 214.  The regulation provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered would be entered in Item 14.

14.  Army Regulation 672-5-1 (Awards), then in effect, provided that foreign qualification and special skill badges could be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which were awarded in recognition of military activities and by the military department of the host country were authorized for acceptance and permanent wear.  Commanders of major overseas commands reporting directly to Headquarters, Department of the Army, were delegated authority to approve the acceptance, retention, and permanent wear of such badges.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's MPRJ awarding him the German Marksmanship Award/Badge.   Approval is required to accept and wear foreign badges   and there is no indication that he was approved to accept and wear this award.  Therefore, there is insufficient evidence to add the German Marksmanship Badge to Item 13 of the applicant's DD Form 214.

2.  The applicant contends he attended PNCOC for 4 weeks at Fort Hood in August of 1984.  However, the evidence shows he was assigned to C Battery, 2nd Battalion, 83rd Field Artillery in Germany on 4 August 1984.  There are no orders in the applicant's MPRJ assigning him to Fort Hood to attend either PNCOC or PLDC.  His MPRJ does not contain a DA Form 1059 showing completion of PNCOC or PLDC and his DA Form 2-1 does not show he attended either of these courses.  Therefore, there is insufficient evidence to add either PNCOC or PLDC to Item 14 of the applicant's DD Form 214.
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20080016684



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016684



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1