IN THE CASE OF:
BOARD DATE: 1 OCTOBER 2009
DOCKET NUMBER: AR20090005003
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 her award of the Army Commendation Medal and attendance at the Effective Leadership for Women course be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states her award the Army Commendation Medal and completion of the Effective Leadership for Women course are not reflected on her DD Form 214.
3. The applicant provides copies of her DD Form 214; Headquarters, 34th Transportation Group, Permanent Orders 37-2; and three documents related to attendance at the Effective Leadership for Women course.
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 served honorably on active duty in the Regular Army from 9 October 1979 through 29 July 1983, attaining the rank and grade of specialist four, E-4.
3. The record shows the applicant was selected for and completed a 16-hour Effective Leadership for Women course on 26 August 1982.
4. Headquarters, 34th Transportation Group, Permanent Orders 37-2, dated 19 July 1983, awarded the applicant the Army Commendation Medal for meritorious service.
5. The DD Form 214 lists her awards as the Expert Marksmanship Qualification Badge with Rifle Bar, the Army Service Ribbon, the Overseas Service Ribbon, and the Army Good Conduct Medal (1st Award). Her education is listed as a
6-week Movement Specialist course in 1980 and a 2-week Beginning Typing course in 1981.
6. Army Regulation 635-5 (Separation Documents) provides the following:
a. all awards and decorations for all periods of service are to be listed at block 13; and
b. all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be listed by title, length in weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant states her award of the Army Commendation Medal and completion of the Effective Leadership for Women course are not reflected on her DD Form 214.
2. The applicant's award of the Army Commendation Medal is not reflected on the DD Form 214. It is appropriate to correct this oversight at this time.
3. The applicant successfully completed a 2-day Effective Leadership for Women course on 26 August 1982. Army Regulation 635-5 provides that all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be listed by title, length in weeks, and year completed. There is no provision to list courses of less that 1-week in duration. Therefore, it is not appropriate to include this course on her 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 amending her DD Form 214 to add the Army Commendation Medal.
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 the 2-day Effective Leadership for Women course to her DD Form 214.
_________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) AR20090005003
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