IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090003963 


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 award of the Army Achievement Medal (2d Award), the Army Commendation Medal, and the Driver and Mechanic Badge.  He further requests to have his completion of the Combat Lifesaver Course shown on his DD Form 214.

2.  The applicant states, in effect, that he received these awards and completed the prescribed course of training, but the awards and Combat Lifesaver Course are not shown on his DD Form 214.

3.  In support of this application, the applicant provides copies of the approved recommendations for award of both Army Achievement Medals and a copy of the resultant award certificate, a course completion certificate for the Combat Lifesaver Course, a copy of permanent orders awarding him the Army Good Conduct Medal and the resultant award certificate, and a copy of a memorandum, subject:  Drivers Badge, which was prepared by Headquarters, 231st Field Artillery, III Corps Artillery, Fort Sill, Oklahoma, on 24 September 1997.

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 record shows he enlisted in the U.S. Army Reserve Delayed Entry Program on 14 December 1995.  On 8 February 1996, he enlisted in the Regular Army.  He successfully completed basic combat training at Fort Jackson, South Carolina, and his advanced individual training at Fort Sill, Oklahoma.  On completion of his training he was awarded the military occupational specialty 13R (Field Artillery Firefinder Radar Operator).

3.  The applicant was honorably released from active duty in the rank and pay grade of specialist, E-4, on 7 February 1999 under the provisions of Army Regulation 635-200, chapter 4, at the completion of required active service.  

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle 
Bar (M-16).  No other awards are shown in this item.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record-Part II), does not show the awards the applicant is requesting be added to his DD Form 214. 

6.  The applicant was awarded the Army Achievement Medal for exceptionally meritorious performance for the period 27 September 1997 through 26 October 1997 by Permanent Orders 293-86 published by Headquarters, 6th Battalion, 32d Field Artillery, Fort Sill, on 29 October 1997.  This award is not shown on his DD Form 214.

7.  The applicant was awarded the Army Achievement Medal [the applicant's second award] for exceptionally meritorious service for the period 24 June 1996 through 1 January 1998 by Permanent Orders 023-01 published by Headquarters, III  Corps Artillery, Fort Sill, on 2 February 1998.  This award is not shown on his DD Form 214.

8.  The applicant provided a copy of a memorandum, subject:  Drivers Badge, which was prepared by Headquarters, 231st Field Artillery, III Corps Artillery, Fort Sill, Oklahoma, on 24 September 1997.  This memorandum shows the applicant was recommended for award of the "Drivers Badge."  The recommendation was approved by the Deputy Commander, III Corps Artillery, a lieutenant colonel, on about 24 September 1997; however, a copy of the normally-published permanent orders authorizing this award were not found in his service personnel record.

9.  The applicant indicated in his request he was awarded an Army Commendation Medal and this award was not added to his DD Form 214 when he was released from active duty; however, a search of his service personnel file failed to reveal any indication that he was either recommended for or authorized this award.

10.  The applicant provided a Certificate of Completion which shows he successfully completed the 40-hour Combat Lifesaver Course given at Fort Sill on 28 February 1997.  This course is not shown on the applicant's DA Form 2-1 in item 17 (Civilian Education and Military Schools), nor is it shown in item 14 (Military Education) of the applicant's DD Form 214.  Item 14 of the applicant's DD Form 214 shows the entry, "None."

11.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows the applicant served in Korea for the period 11 January 1998 through 7 February 1999.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  The eligibility requirements for drivers require that a Soldier must (a) qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card), (b) be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her operator's qualification record, or (c) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 of this regulation provides that only formal in-service training courses completed during the period of service covered by the DD Form 214 should be entered in item 14 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Achievement Medal (2d Award), the Army Commendation Medal, and the Driver and Mechanic Badge.  He further contends that the Combat Lifesaver Course should be shown on his DD Form 214.

2.  The evidence shows that the applicant was twice awarded the Army Achievement Medal.  These awards are not shown on the applicant's DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to add the Army Achievement Medal (2d Award) to his DD Form 214.

3.  The applicant was recommended for award of the Driver and Mechanic Badge.  The recommendation for this driver's badge was approved by the Deputy Commander, III Corps Artillery, a lieutenant colonel.  Notwithstanding that the normally published permanent orders were not found in his service personnel record, the applicant should have the Driver and Mechanic Badge added to his DD Form 214 based on equity considerations.

4.  The applicant contends that he was awarded the Army Commendation Medal but it was omitted from his DD Form 214 at the time he was released from active duty.  However, there is no evidence, and the applicant provided none to show, that he was recommended for or awarded the Army Commendation Medal.  There is therefore insufficient evidence on which to base having his DD Form 214 corrected to show award of this medal.

5.  The applicant's service personnel record shows that he completed a tour of duty in the Republic of Korea.  The applicant is therefore entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

6.  The applicant's record shows that he attended and completed the Combat Lifesaver Course.  The applicant is therefore entitled to a correction of item 14 of his DD Form 214 to show the Combat Lifesaver Course.

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.  adding the Army Achievement Medal (2d Award) to his DD Form 214;

	b.  adding the Driver and Mechanic Badge to his DD Form 214; and 

	c.  adding the Korea Defense Service Medal to his DD Form 214.

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 request to have the Army Commendation Medal added 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)                                         AR20090003963



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003963



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1