BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005377 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his military awards, schooling, and overseas service.

2.  The applicant states he would like to have his DD Form 214 correctly reflect his service.

3.  The applicant provides copies of his DD Form 214; DA Form 2-1 (Personnel Qualification Record); 11 certificates, citations, or orders for awards; six certificates of completion of training; a letter of commendation; and a DA Form 1059 (Service School Academic Evaluation Report).

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 served on active duty in the Regular Army from 30 December 1993 through 12 December 2000 with 656 days in excess leave.  He received a bad conduct discharge.

3.  The record contains orders awarding or authorizing the following on:

	a.  29 April 1994, the Parachutist Badge;

	b.  1 November 1994, the Expert Infantryman Badge;

	c.  1 March 1995, the Armed Forces Expeditionary Medal for participation in Operation Uphold Democracy;

	d.  10 March 1995, the Army Achievement Medal;

	e.  2 June 1995, the Ranger Tab;

	f.  27 February 1998, the Army Good Conduct Medal for the period 30 December 1993 through 29 December 1996;

	g.  15 September 1996, the Army Achievement Medal with 1st Oak Leaf Cluster; and

	h.  16 December 1996, the Army Achievement Medal.

4.  The record contains certificates or other documents showing completion of the following educational endeavors on:

	a.  29 April 1994, the 3-week Airborne Basic Course;

	b.  26 May 1994, the 3-week Ranger Indoctrination Course;

	c.  2 June 1995, the 8-week Ranger Course;

	d.  29 December 1995, the 40-hour Combat Lifesaver Course; and

	e.  1 May 1997, 4-week Primary Leadership Development Course.

5.  The 1st Battalion, 506th Infantry Regiment, awarded the applicant a Certificate of Achievement for his performance between 24 April 1996 and 3 May 1996.

6.  On 1 May 1997, XVIII Airborne Corps and Fort Bragg Noncommissioned Officers Academy issued the applicant a letter of commendation.

7.  The DD Form 214 provides the following at:

	a.  block 12f (Foreign Service) is blank;

	b.  block 13 ( Decorations, Medals, Badges Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Army Service Ribbon; and 

	c.  block 14 (Military Education) shows "none."

8.  His DA Form 2-1 provides the following at:

	a.  block 5 (Overseas Service) shows Korea from 20 August 1995 through 19 August 1996;

	b.  block 9 (Awards, Decorations, and Campaigns) shows award of the National Defense Service Medal, the Army Service Ribbon, the Army Achievement Medal, the Parachutist Badge, the Armed Forces Expeditionary Medal, the Ranger Tab, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Hand Grenade Bar; and 

	c.  block 17 (Civilian Education and Military Schools) shows completion of the Infantryman Basic Course, the Basic Airborne Course, the Ranger Indoctrination Course, the Ranger Course, and the Primary Leadership Development Course.

9.  Army Regulation 635-5 (Separation Documents) provides the following pertinent directions for completing the DD Form 214:

	a.  in block 12f, enter the total amount of foreign service completed during the period covered;

	b.  in block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

10.  Army Regulation 600-8-22 (Military Awards) provides the following:
	a.  the order of precedence for awards and decorations;

	b.  that only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed; and 

	c.  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 from 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he would like to have his DD Form 214 correctly reflect his service.

2.  The applicant's period of service in Korea is listed on his DA Form 2-1.  It is appropriate to enter the following in block 12f of the DD Form 214:  1 year.

3.  The applicant is authorized award of the Korea Defense Service Medal.  It is appropriate to correct the record to show this award.

4.  The majority of the applicant's awards are not listed on his DD Form 214.  It is appropriate to delete the entry in block 13 and replace it with the following:  the Army Achievement Medal with two Oak Leaf Clusters, the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Expert Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Hand Grenade Bar, the Parachutist Badge, and the Ranger Tab.

5.  The applicant's DD Form 214 lists none of his military education.  It is appropriate to delete the entry of "none" in block 14 and replace it with the following:

	a.  Airborne Basic Course, 3 weeks, 1994;

	b.  Combat Lifesaver Course, 1 week, 1995; and

	c.  Primary Leadership Development Course, 4 weeks, 1997.

6.  The Ranger Indoctrination Course and Ranger Course are considered combat skills courses and as such are not recorded on the DD Form 214.

7.  As a matter of practice, letters of commendation and certificates of appreciation are not recorded on the DD Form 214.  Therefore, it is not appropriate include them 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 amending the DD Form 214 as follows:

	a.  entering in block 12f:  1 year;

	b.  deleting the entry in block 13 and replacing it with the following:  the Army Achievement Medal with two Oak Leaf Clusters, the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Expert Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Hand Grenade Bar, the Parachutist Badge, and the Ranger Tab; and 

	c.  deleting the entry in block 14 and replacing it with the following:  the Airborne Basic Course, 3 weeks, 1994//Combat Lifesaver Course, 1 week, 1995//
Primary Leadership Development Course, 4 weeks, 1997.


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 inclusion of the letter of commendation, the certificate of achievement, the Ranger Indoctrination Course, or the Ranger Course on the 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)                                         AR20090005377



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ABCMR Record of Proceedings (cont)                                         AR20090005377



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