IN THE CASE OF:	  

		BOARD DATE:	        14 JULY 2009

		DOCKET NUMBER:  AR20090005039 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations he earned as well as his military education.  

2.  The applicant states that several awards were left off his DD Form 214 while others were approved after his discharge.  

3.  The applicant provides a copy of his DD Form 214, dated 1 July 1994; copies of four DA Forms 638 (Recommendations for Award) and four certificates, dated on miscellaneous dates, showing four awards of the Army Achievement Medal; a copy of a DA Form 638 and a certificate, dated 20 June 1994, showing award of the Army Commendation Medal; a copy of permanent orders awarding him the Driver’s Badge; a copy of his DA Form 1059 (Service School Academic Evaluation Report) and certificate, dated 7 November 1991, showing completion of the Primary Leadership Development Course; copies of four certificates of achievement; and copies of certificates showing completion of several military training courses on various dates throughout his military service, in support of his request. 

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 Regular Army for a period of 4 years on 5 August 1987.  He held military occupational specialty 62J (General Construction Equipment Operator), served in various positions within and outside the continental United States, and executed a 3-year reenlistment on 2 July 1991.  He was honorably discharged in the rank of specialist four on 1 July 1994.

3.  The applicant’s records also show he served in Germany from 13 March 1989 to 17 August 1991 and Southwest Asia from 25 January 1991 to 5 May 1991.

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 Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (Saudi Arabia), the Overseas Service Medal, the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), the Noncommissioned Officer Professional Development Ribbon, and the Good Conduct Medal (2nd Award). 

5.  Item 14 (Military Education) of the applicant's DD Form 214 shows he completed the 4-week Primary Leadership Development Course in November 1991, the 8-week General Construction Equipment Operator Course in December 1987, and the 4-week Water Well Drilling Course in February 1992. 

6.  Headquarters, 54th Engineer Battalion, Permanent Orders Number 2-8, dated 15 July 1991, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 26 December 1990 to 5 May 1991.

7.  Headquarters, 54th Engineer Battalion, Permanent Orders Number 13-7, dated 10 September 1991, show the applicant was awarded the Army Achievement Medal for meritorious service from 14 March 1989 to 12 September 1991. 



8.  Headquarters, 98th Engineer Battalion, Fort Bragg, NC, Permanent Orders Number 38-11, dated 30 October 1992, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 20 August 1992 to 20 September 1992.  

9.  Headquarters, Task Force Jaguar, Permanent Orders Number TFJ-194, dated 30 June 1993, show the applicant was awarded the Army Achievement Medal for meritorious service from 17 March to 29 May 1993.

10.  Headquarters, 30th Engineer Battalion, Fort Bragg, NC, Permanent Orders Number 6-17, dated 20 June 1994, show the applicant was awarded the Army Commendation Medal for meritorious service from 26 September 1991 to 15 July 1994.

11.  Headquarters, 54th Engineer Battalion, Orders Number 22-5, dated 10 December 1991, show the applicant was awarded the Driver’s Badge (Wheeled) for attaining a high degree of skill in the operation and maintenance of a motor vehicle during the period 1 April 1989 to 2 May 1991.

12.  The applicant submitted a copy of an undated certificate of achievement awarded in recognition of his meritorious achievement in support of the 20th Engineer Brigade during the brigade’s Officer’s Professional Development Class on weapons familiarization.

13.  The applicant submitted a copy of a certificate of achievement, dated 12 August 1991, awarded in recognition of his achievement of 283 points on the Army Physical Readiness Test conducted on 7 August 1991.

14.  The applicant submitted copies of two certificates of achievement, dated on 1 April 1990 and 2 May 1991, awarded for outstanding safety performance as a driver.

15.  The applicant submitted a copy of a certificate of training, dated 2 April 1992, that shows he completed the 2-week Water Well Drill Maintenance Training Course at Fort Bragg, NC, in 1992.

16.  The applicant submitted a copy of a certificate of completion, dated 21 February 1992, that shows he completed the 4-week Equipment Operator Water Well Drilling and Development Class at the Naval Construction Training Center, Port Hueneme, CA, from 27 January to 21 February 1992. 


17.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

18.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their 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.  It states, in pertinent part, that the Soldier's military education in item 14 is obtained from the Soldier’s records.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards and decorations and his military education.

2.  Permanent orders awarded the applicant four awards of the Army Achievement Medal for meritorious service and/or achievement on various dates throughout his military service which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show four awards of the Army Achievement Medal. 

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service from 26 September 1991 to 15 July 1994 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal.

4.  Permanent orders awarded the applicant the Driver’s Badge (Wheeled) for attaining a high degree of skill in the operation and maintenance of a motor vehicle which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
5.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 25 January 1991 to 5 May 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal (Kuwait) and he is entitled to correction of his records to show this award.

6.  The evidence of record shows the applicant completed the 2-week Water Well Drill Maintenance Training Course at Fort Bragg, NC, in 1992, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this training.

7.  With respect to the 4-week Equipment Operator Water Well Drilling and Development Class at the Naval Construction Training Center, Port Hueneme, CA, from 27 January to 21 February 1992, this training course is already shown on his DD Form 214.

8.  With respect to the certificates of achievement, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded will be filed in the Official Military Personnel File (OMPF), there is no distinguishing device authorized for wear to indicate the receipt of such a certificate of achievement and there is no provision to list a certificate on the 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.  adding the Army Commendation Medal, the Army Achievement Medal (4th Award), the Driver’s Badge (Wheeled), and the Kuwait Liberation Medal (Kuwait) to item 13 of his DD Form 214; and 

	b.  adding the 2-week Water Well Drill Maintenance Training Course, Fort Bragg, NC, completed in 1992 to item 14 of 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 his certificates of achievement and completion of the 4-week Equipment Operator Water Well Drilling and Development Class at the Naval Construction Training Center in 1992.




      _______ _   _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)                                         AR20090005039



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ABCMR Record of Proceedings (cont)                                         AR20090005039



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