IN THE CASE OF:	  

		BOARD DATE:	       24 March 2009

		DOCKET NUMBER:  AR20080018638 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Opposing Forces Academy Soldiers Course and his awards of the Army Commendation Medal, Army Achievement Medal, Driver and Mechanic Badge with Driver-T Bar, Certificate of Achievement and the Order of Hamby Second Class.  He also requests award of the Army Good Conduct Medal.

2.  The applicant states that these omissions were due to administrative error.

3.  The applicant provides, in support of his application, copies of a training certificate, award orders and certificates, and a Certificate of Achievement.

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.  On 29 April 1993, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).

3.  On 13 December 1993, the applicant completed the Soldiers Course at Fort Irwin, California.  This 60 hour program of instruction given by the Opposing Forces Academy provided training in Soviet doctrine, equipment, and military thought.

4.  On 22 July 1994, the applicant was presented a Certificate of Achievement for exceptional meritorious service while serving as a Bradley driver for Company C, 1st Battalion, 52nd Infantry Regiment, 177th Armored Brigade.

5.  On 6 March 1995, the applicant was presented the Order of Hamby Second Class for outstanding tactical achievement during unit training at the National Training Center, Fort Irwin, California.

6.  Headquarters, 2d Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California, Permanent Orders 02-12, dated 10 March 1995, awarded the applicant the Driver and Mechanic Badge with Driver-T Bar for the period from 1 November 1993 to 1 February 1995.

7.  The Army Achievement Medal certificate shows that 2d Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California, Permanent Order 135-10, dated 15 May 1995, awarded the applicant the Army Achievement Medal for meritorious achievement on 6 April 1995.

8.  11th Armored Cavalry Regiment, Fort Irwin, California, Permanent Orders 
158-1, dated 6 June 1996, awarded the applicant the Army Commendation Medal for meritorious service during the period from 4 September 1993 to 27 July 1996.

9.  On 27 June 1996, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E-4, and had completed 3 years, 1 month, and 29 days of creditable active duty service.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.   It does not show award of the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, or the Driver and Mechanic Badge with Driver-T Bar.

11.  Item 14 (Military Education) shows that the applicant completed the Fighting Vehicle Infantryman Course in August 1993.  It does not show completion of the Soldiers Course.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

13.  There are no provisions in Army Regulation 600-8-22 showing that certificates of achievement are awards.  Furthermore, the regulation does not address an award of the Order of Hamby Second Class.

14.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that item 13 will show all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 
600-8-22.  It further provides that item 14 will list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show all of his military training and awards.

2.  The Soldier's Course provided military combat skills and knowledge.  As such, it does not qualify as a course that would assist with subsequent job placement and should not be listed on the applicant's DD Form 214.

3.  The Certificate of Achievement and Order of Hamby Second Class for outstanding tactical achievement are not identified in Army Regulation 600-8-22.  Therefore, they do not qualify as awards to be listed on the DD Form 214.



4.  The evidence of record clearly shows that the applicant served a qualifying period of time for an initial award of the Army Good Conduct Medal.  Furthermore, there is no evidence showing that his commander took any action to deny him this award.  Therefore, he should be awarded the Army Good Conduct Medal.

5.  Permanent orders show that the applicant was awarded the Army Commendation Medal, Army Achievement Medal, and Driver and Mechanic Badge with Driver-T Bar.  Therefore, these awards should be shown 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:

	a.  awarding him the Army Good Conduct Medal for the period from 29 April 
1993 to 28 April 1996; and 

	b.  showing, in addition to the awards already shown on his DD Form 214, his awards as the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, and Mechanic and Driver Badge with Driver-T Bar.



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 his Soldiers Course, Certificate of Achievement, and Order of Hamby Second Class to 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)                                         AR20080018638



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018638



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1