IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004362
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 all medals, awards, diplomas, and certificates of achievement be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was informed that the only medals he was credited with receiving were the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. He has other accomplishments which he would like recorded on his DD Form 214.
3. The applicant provides a Certification of Military Service; a certificate showing that he graduated from Individual Infantry Training; a Certificate of Achievement; two running certificates for 50 and 100 miles; a local certificate for completion of the Jungle Warfare Training Course; and pictures of his ribbons, unit crest, marksmanship badges, and Jungle Expert Badge.
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 applicants 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 applicants 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 records show that he enlisted in the Regular Army on 29 July 1981. He completed basic combat and advanced individual training and was awarded the military occupational specialty of infantryman. He was promoted to pay grade E-2, but was later reduced in grade to private, E-1. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.
3. On 2 September 1982, the applicant was given a general discharge for unsuitability for apathy, defective attitude, or inability to expend effort constructively. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued has only the Army Service Ribbon entered. Item 14 (Military Education) has nothing entered.
4. Army Regulation 635-5 (Separation Documents) provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.
5. Army Regulation 635-5, then in effect, provided that item 14 (Military Education) of the DD Form 214 will reflect formal in-service training courses successfully completed of at least 1-week duration. This regulation further stated that the information entered was intended to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills were not recorded in this item.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. As such, it would now be appropriate to add these badges to his DD Form 214.
2. However, it would not be appropriate to add the applicant's infantry or jungle warfare training to item 14 of his DD Form 214 because training for combat skills was specifically precluded from being entered on a DD Form 214.
3. Likewise, certificates are specifically precluded from being entered on a DD Form 214 in item 13.
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 adding the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar 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 adding his certificates and combat training 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) AR20090004362
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