IN THE CASE OF:	  

		BOARD DATE:	       28 MAY 2009

		DOCKET NUMBER:  AR20090005917 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show the following:

a.  Basic Airborne School, Fort Benning, GA, August 1987;

b.  Expert Field Medical Badge, awarded in September 1986 at Fort Sam 
Houston, TX;

c.  Military Occupational Specialty (MOS) 31C1O (Single Channel Radio 
Operator) with additional skill identifier (ASI) of "4," awarded in May 1986 at Fort Gordon, GA; and 

d.  Second Award of the Army Commendation Medal (correctly known as the 
Army Commendation Medal (First Oak Leaf Cluster)), awarded in 1984 by the Commanding Officer, Brooke Army Medical Center, Fort Sam Houston, TX.

2.  The applicant states that he was 21 years old at the time of his discharge.  He states he was naïve and was ready to ETS [expiration of term of service].  The clerk (a staff sergeant) at Fort Benning was in a hurry to go to lunch as he was the last appointment before lunch.  While he was being out-processed, he was handed numerous pages for signature and he was "pressed" to get the papers signed quickly.  He remembers the clerk telling him that not all of the records were in his file from the other bases and that his records would be updated as they came into the records section.  

3.  The applicant provides no additional documents in support of his application.  

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.  After having prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army (RA) on 20 February 1986.  His DA Form 3286-40 (Statement for Enlistment) shows he enlisted for training in MOS 31C1O.  There is no evidence of record which indicates he completed training in MOS 31C1O or that he was awarded this MOS.  

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was assigned to Fort Sam Houston for advanced individual training (AIT) in MOS 91A (medical specialist).  At the completion of AIT, he was reassigned to Fort
Benning for basic airborne training.  

4.  Headquarters, Fort Sam Houston, Orders 236-27, dated 9 December 1986, show the applicant was awarded primary MOS 91A1O, effective 3 February 1987.

5.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he attended basic airborne training in 1987 but the entry "No" was entered indicating he did not complete the course.  

6.  There are no orders which indicate the applicant was awarded the Expert Field Medical Badge or that he completed the prescribed proficiency tests for award of the Expert Field Medical Badge.

7.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 lists one award of the Army Commendation Medal.  There are no orders which indicate he was recommended for or awarded a second award of the Army Commendation Medal.
8.  The applicant was discharged from active duty on 22 December 1987 under the provisions of Army Regulation 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense.  He completed 1 year, 9 months, and 29 days active military service.  

9.  Item 14 (Military Education) of his DD Form 214 shows he completed training as a medical specialist in 1987.  There is no evidence of record which shows he completed basic airborne training.  

10.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

11.  Army Regulation 635-5 directs, in pertinent part, that the titles of all MOSs served for at least one year and the number of years and months served will be entered in item 11.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for the Expert Field Medical Badge.  Award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.  The basic eligibility criteria includes:  (3) enlisted personnel must have an AMEDD [Army Medical Department] primary MOS (this includes all MOS in CMF 91 as well as MOS 76J and 94F).  Eligible personnel must be on active duty or assigned to a troop program unit in the Reserve component unit or an AMEDD mobilization augmentation agency.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, there is no evidence of record to substantiate his claims.  

2.  The applicant states he completed the Basic Airborne School in August 1987 at Fort Benning.  However, there is no evidence of record and the applicant has not provided any evidence which verifies he successfully completed this course.  His DA Form 2-1 indicates he did not complete this course.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show he completed Basic Airborne School. 

3.  The applicant states he was awarded the Expert Field Medical Badge in September 1986 at Fort Sam Houston.  Although the evidence of record shows he was awarded PMOS 91A, there are no orders which show he was  awarded the Expert Field Medical Badge and the applicant has not provided any supporting evidence to show he was awarded this badge.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Expert Field Medical Badge.

4.  The applicant also states that he was awarded MOS 31C1O with ASI "4."  However, there is no evidence of record and the applicant has not provided any evidence which confirms he completed the required training or that he was awarded MOS 31C1O or ASI "4."  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show MOS 31C1O with ASI "4."

5.  The applicant further states he was awarded a second award of the Army Commendation Medal in 1984 by the Commanding Officer, Brooke Army Medical Center, Fort Sam Houston.  His DD Form 214 currently reflects one award of the Army Commendation Medal.  There is no evidence of record and the applicant has not provided any evidence which indicates he was recommended for or awarded a second award of the Army Commendation Medal during the period under review.   Therefore, there is insufficient evidence on which to base correction of the applicant’s records to show a second award of the Army Commendation Medal.  








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20090005917



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ABCMR Record of Proceedings (cont)                                         AR20090005917



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