IN THE CASE OF:	  

		BOARD DATE:	       9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006918 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he performed nearly 20 months in military occupational specialty (MOS) 71L (Administration Specialist), award of the Army Commendation Medal, and a certificate of commendation.

2.  The applicant states that he realizes that this is 22 years after the fact, but he has been struggling to get a job in Human Resources and needs the personnel administration specialist experience to meet minimum qualifications.  He also states that the awards he received were not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 27 July 1985; a copy of a certificate, dated 9 September 1985, showing award of the Army Commendation Medal; and a certificate, dated 30 August 1985, showing a commendation for an adopted suggestion 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 3 years on 28 July 1982.  He completed basic combat and advanced individual training and was awarded MOS 94B (Food Service Specialist) on 24 November 1982.

3.  The applicant’s records also show that subsequent to completion of MOS training, he was reassigned to Fort Lewis, WA, where he was assigned as a cook to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry.

4.  On 17 September 1984, Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, published Orders 187-33 awarding the applicant the secondary MOS (SMOS) 71L.  However, there is no indication in his records that he attended formal schooling for this MOS and/or that he performed duty in this MOS.

5.  The applicant was honorably released from active duty in the rank/grade of specialist five/E-5 on 27 July 1985 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 3 years of creditable active service.  This form further shows the following entries:

	a.  item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows the entry, "94B2O Food Service Specialist, 2 years and 8 months";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Army Achievement Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Army Good Conduct Medal.  Item 13 does not show award of the Army Commendation Medal.

6.  There are no orders in his records that show he was awarded the Army Commendation Medal.

7.  The applicant submitted a copy of a certificate, dated 9 September 1985, that shows he was awarded the Army Commendation Medal for dedicated service and outstanding performance from 2 August 1983 to 27 July 1985.

8.  The applicant also submitted a copy of a certificate of commendation, dated 30 August 1985, that shows he was commended for his adopted suggestion that improved the efficiency of the word processing management system.

9.  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.

10.  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 his or her military service.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the DD Form 214 in effect at the time shows the primary MOS and all additional MOS title and years and months in specialty.  It also shows additional specialty numbers and titles involving periods of one or more years. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his 71L MOS, Army Commendation Medal, and a certificate of commendation.

2.  With respect to the applicant's MOS, the evidence of record shows that the applicant was awarded primary MOS (PMOS) 94B upon completion of his advanced individual training and served in this PMOS throughout his military service.  Although he was awarded SMOS 71L on 17 September 1984, he was released from active duty on 27 July 1985.  He did not hold that MOS for one or more years for it to be recorded on his DD Form 214.  Therefore, there is insufficient evidence to correct the applicant's MOS.

3.  With respect to the Army Commendation Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal.  Notwithstanding the certificate provided by the applicant, in the absence of the orders announcing this award, there is insufficient evidence to list the Army Commendation Medal on his DD Form 214.

4.  With respect to the certificate of commendation, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the DD Form 214.

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)                                         AR20090006918



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ABCMR Record of Proceedings (cont)                                         AR20090006918



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