IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20090000538 


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 correction of his separation record as follows:

	a.  show his rank/grade as that of corporal (CPL)/E-4;

	b.  add the Unit Recruiter School; and

	c.  add awards of the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Driver Badge, and two separate Florida Meritorious Service Medals.

2.  The applicant states that he earned and was awarded the requested medals.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  a copy of unnumbered orders issued by the Florida Army National Guard (FLARNG) on 21 January 2003 laterally appointing him as a CPL;

	b.  a copy of a certificate, dated 8 June 2002, and a copy of the reverse page of a DA Form 638 (Recommendation for Award), dated 8 June 2002, showing award of the Army Commendation Medal;

	c.  a copy of a certificate, dated 8 May 1997, showing award of the Army Commendation Medal;

	d.  a copy of Permanent Orders 030-10, issued by Headquarters, 1st Battalion, 9th Field Artillery, on 30 January 1997, showing award of the Driver Badge;

	e.  a copy of a certificate of training, dated 22 March 1992;

	f.  a copy of the reverse page of an unrecognized/unidentified DA Form 638, dated 27 February 1995, showing award of an Army Achievement Medal; and

	g.  copies of the reverse pages of two DA Forms 638, dated 25 July 1998 and 22 August 2001, showing awards of two separate Florida Meritorious Service Ribbons.

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 records show he enlisted in the FLARNG on 24 October 1991. 
He subsequently entered active duty for training (ADT) on 10 September 1992, completed basic combat and advanced individual training, and was awarded military occupational specialty 13B (Cannon Crewmember).  He was released from ADT to the control of his ARNG unit on 18 December 1992.  His records also show he was honorably discharged from the ARNG on 31 May 1994.

3.  On 4 June 1994, the applicant enlisted in the Regular Army for a period of 3 years.  He was subsequently assigned to the 1st Battalion, 9th Field Artillery, and was advanced through the ranks to specialist (SPC)/E-4 on 1 October 1995.

4.  The applicant's records also show he was honorably released from active duty in the rank/grade of SPC/E-4 on 31 May 1997.  The DD Form 214 he was issued shows he completed 3 years of creditable active service.  This form further shows the following entries:

	a.  items 4a (Grade, Rate or Rank) and 4b (Pay Grade) show the entries "SPC" and "E-4" respectively;

	b.  item 14 (Military Education) shows the entry "None"; and

	c.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.

5.  Headquarters, 1st Battalion, 9th Field Artillery, Fort Stewart, GA, Permanent Orders 030-10, dated 30 January 1997, show the applicant was awarded the Driver Badge for outstanding skill and technical expertise during the period from 1 December 1995 through 1 January 1997.

6.  Headquarters, 1st Battalion, 9th Field Artillery, Fort Stewart, GA, Permanent Orders 128-06, dated 8 May 1997, show the applicant was awarded the Army Commendation Medal for meritorious service from 10 June 1994 to 30 April 1997.

7.  The applicant submitted a copy of the reverse page of a DA Form 638 and a certificate, dated 8 June 2002, in which Headquarters, 53rd Infantry Brigade (Separate), Tampa, FL, Permanent Orders 11-17, dated 8 June 2002, awarded him the Army Commendation Medal for meritorious achievement from 22 May 2002 to 8 June 2002.

8.  The applicant submitted a copy of the reverse page of a DA Form 638, dated 27 February 1995, in which Headquarters, 3rd Battalion, 41st Field Artillery, Permanent Orders 06-08, dated 27 February 1995, show an unidentified individual was awarded the Army Achievement Medal for an unknown reason and/or period of service/achievement.

9.  The applicant submitted a copy of unnumbered orders issued by the FLARNG on 21 January 2003 that show he was laterally appointed as a CPL on 1 June 2002.

10.  The applicant submitted a copy of a certificate of training, dated 22 March 1992, that shows he completed a 2-day unit recruiter course in Brandon, FL, from 21 March 1992 to 22 March 1992.

11.  The applicant submitted the reverse pages of two DA Forms 638 that show the following:

	a.  Headquarters, 2nd Battalion, 116th Field Artillery, Tampa, FL, Permanent Orders 9-73, dated 25 July 1998, show he was awarded the Florida Meritorious Service Ribbon and 

	b.  Headquarters, 2nd Battalion, 116th Field Artillery, Tampa, FL, Permanent Orders 8-45, dated 22 August 2001, show he was awarded a second Florida Meritorious Service Ribbon.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation.  Item 13 shows all awards and decorations earned as of the date of the DD Form 214.  Item 14 shows the Soldier’s military education by listing formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, and year completed.

13.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his separation record to show his rank/grade as that of a CPL/E-4, completion of the 2-day unit recruiter school, and listing of the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Driver Badge, and two Florida Meritorious Service Medals.

2.  With respect to the Driver Badge, permanent orders awarded the applicant the Driver Badge for outstanding skill and technical expertise from 1 December 1995 to 1 January 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending 31 May 1997 to show this badge.

3.  With respect to the first Army Commendation Medal, permanent orders awarded the applicant the Army Commendation Medal for meritorious service from 10 June 1994 to 30 April 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending  31 May 1997 to show this award.

4.  With respect to the second award of the Army Commendation Medal, the evidence of record shows that the applicant was awarded his second Army Commendation Medal for meritorious achievement from 22 May 2002 to 8 June 2002, several years after his separation from active duty.  A correction to a separation document to add awards earned for achievement or service during a period that is subsequent to the period of active duty service covered in the separation document is not authorized.

5.  With respect to award of the Army Achievement Medal, the applicant's DD Form 214 already lists the Army Achievement Medal.  If it was the applicant's intent to request that a second award of the Army Achievement Medal be added to his DD Form 214, the evidence submitted by the applicant is insufficient.  The reverse page of the DA Form 638 he provides does not identify the applicant as the recipient of this award.  It is not only unclear if he was the recipient, but is also unclear if this is the same Army Achievement Medal already listed on his DD Form 214.  In the absence of a complete DA Form 638 or a certificate that cites the orders and identifies him by name, there is insufficient evidence to support the listing of this award on his DD Form 214.

6.  With respect to the applicant’s rank/grade, the evidence of record shows that at the time of his separation from the Regular Army, the applicant held the rank/grade of SPC/E-4.  There is no indication that he was appointed as a CPL during or prior to the period covered by the DD Form 214.  The fact that he was appointed as a CPL some 10 years after his separation has no bearing on the rank/grade entered on his DD Form 214.

7.  With respect to his 2-day recruiting course, there is no provision to list military education of less than a week in duration on the DD Form 214.

8.  With respect to the State ribbons, State awards are not governed by or listed in Army Regulation 600-8-22.  Therefore, the entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 26 of the DD Form 214.  Further, a correction to a separation document to add awards earned subsequent to the period of active duty service covered in the separation document is not authorized.  Given that his State ribbons/medals are not awards recognized by Army Regulation 600-8-22, even had they been received during the active duty period covered by the DD Form 214, they would not be an authorized entry.  Thus, there is no basis to grant the applicant the requested relief.

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 for the period ending 31 May 1997 to show award of one Army Commendation Medal and the Driver Badge.

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 the applicant’s rank as a corporal, a second award of the Army Commendation Medal, award of any additional Army Achievement Medal, listing of the 2-day recruiter course, and the listing of the requested State awards/ribbons.



      __________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)                                         AR20090000538



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ABCMR Record of Proceedings (cont)                                         AR20090000538



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