IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090007741


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, in effect, that his Regular Army (RA) DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

	a.  he completed the Wire System Installer Course on 7 May 1989;

	b.  he completed the Vehicle Inspection Course on 30 October 1981;

	c.  he completed the English as a Second Language (ESL) Course on 6 August 1979;

	d.  he completed Air Assault School;

	e.  award of the Army Commendation Medal; and

	f.  he earned certificates and letters of commendation and appreciation.

2.  The applicant states he served 18 years in the RA and U.S. Army Reserve (USAR).

3.  The applicant provides:

	a.  USAR discharge orders dated 6 May 1997 and a Certificate of Honorable Discharge;

	b.  a Certificate of Service showing 15 years, 3 months, and 2 days of service with the 807th Signal Company, Fort Buchanan, PR; 

	c.  Certificates of Training for the Air Assault Course, Wire System Installer Course, Vehicle Inspection Course, and ESL Course, 

	d.  Orders awarding him the Air Assault Badge and the Army Commendation Medal; and

	e.  numerous pages of civilian medical records. 

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 in the RA for 3 years from 19 June 1979 to 18 June 1982.  There is no record of disciplinary actions in his records and no disqualification document in his file to show he is not entitled to the Army Good Conduct Medal.  His DD Form 214 for this period shows:

	a.  in Block 13 (Awards), the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

	b.  in Block 14 (Military Education), “Vehicle Inspection, 1 week (81).”

3.  Permanent Orders Number 353-005, Headquarters, 101st Airborne Division and Fort Campbell, KY, dated 18 December 1980, awarded the applicant the Air Assault Badge upon his successful completion of the Air Assault Course.

4.  Permanent Orders Number 148-26, Headquarters, I Corps and Fort Lewis, WA, dated 3 August 1982, awarded the applicant the Army Commendation Medal for service from 7 December 1979 to 4 June 1982.


5.  The applicant received a Certificate of Training for completion of the ESL Course at Fort Bliss, TX, on 6 August 1979 (3 weeks).

6.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Entering of in-service training courses is accomplished to assist Soldiers after separation in job placement and counseling; therefore, training courses for combat skills (e.g., Air Assault Course) will not be listed.  Furthermore, Certificates of Achievement or Appreciation are not reflected.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show various additional items.  Only authorized awards received and/or schools completed during the period defined by the DD Form 214 are permitted to be placed on the DD Form 214.  Many of the applicant’s items were earned and/or received after his period of active duty and would not be authorized for inclusion on the DD Form 214 under any circumstances.

2.  The applicant has orders awarding him the Army Commendation Medal and the Air Assault Badge.  These items should be shown on his DD Form 214.

3.  The applicant served 3 years on active duty and received an honorable separation.  He also received an Army Commendation Medal for meritorious service from 7 December 1979 through 4 June 1982.  There is no disqualification document in his file to show he is not entitled to the Army Good Conduct Medal.  He should receive the Army Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant completed the English as a Second Language (ESL) Course (3 weeks) in 1979.  This course should be added to his DD Form 214.

5.  With respect to the applicant’s Certificate 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 a Certificate of Achievement and there is no provision to list a Certificate of Achievement on the DD Form 214.  

6.  With respect to the applicant’s completion of the Air Assault Course, this is a combat skills course and is not shown on the DD Form 214; however, the Air Assault Badge which he earned is authorized to be shown in Block 13.

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.  awarding him the Army Good Conduct Medal for the period 19 June 1979 to 18 June 1982;

	b.  adding the Army Commendation Medal, Army Good Conduct Medal, and Air Assault Badge to Block 13 of his DD Form 214; and

	c.  adding the “English as a Second Language (ESL) Course (3 weeks) 1979” to Block 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 the Wire System Installer Course (8 weeks) 1989, the Air Assault Course, and Certificates and Letters of Appreciation and/or Commendation.  




      _______ _   _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)                                         AR20090007741



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ABCMR Record of Proceedings (cont)                                         AR20090007741



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