IN THE CASE OF:	  

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090010925 


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, correction of his DD Form 214 (Report of Separation from Active Duty) to show his highest level of education/training, award of the Army Commendation Medal, and that he was promoted to specialist five (SP5)/pay grade E-5.  He also requests payment of all pay and allowances resulting from the correction of his pay grade.

2.  The applicant states, in effect, he was reviewing his DD Form 214 when he discovered that the information shown on the document was incomplete.  He also adds that he is not sure if there is an error on the document.

3.  The applicant provides, in support of his application, copies of the following documents:

   a.  enlistment orders and documents, a letter of commendation, two promotion orders, reassignment orders, installation clearance documents, and an evaluation report that, in pertinent part, substantiate the applicant successfully completed 12 years of high school and that the highest grade he held during his period of active duty was SP4 (E-4).

   b.  Headquarters, U.S. Army Field Artillery School, Fort Sill, Oklahoma, Diploma, that shows the applicant successfully completed  the Pershing Communications Specialist Course on 17 September 1976.

	c.  DA Form 4980-14 (The Army Commendation Medal Certificate), dated    20 April 1979; Headquarters, Office of The Adjutant General, U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, Missouri, letter, dated 15 September 1990; and DA Form 1577 (Authorization for Issuance of Award), dated 15 October 1980, that show the applicant was awarded the Army Commendation Medal for meritorious service with the United States Army Communications Command - Iran from 6 November 1978 to 12 February 1979.

   d.  DA Form 87 (Certificate of Training), dated 27 June 1980, that shows the applicant successfully completed critical tasks in the military occupational specialty (MOS) 72E course.

	e.  USAR Certificate of Achievement, issued in October 1980, in recognition of the sacrifices he made to family life in support of Reservists.

	f.  Headquarters, Fifth U.S. Army, Fort Sam Houston, Texas, Orders 125-114, dated 29 June 1981, and DD Form 256A (Honorable Discharge Certificate), that show the applicant was honorably discharged from the USAR and U.S. Army effective 29 June 1981.

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 28 April 1976, shows in Item 24 (Education) that the applicant attended George W. Carver High School in Houston, TX, from September 1966 to June 1968 and he did not graduate.

3.  The applicant enlisted in the USAR on 28 April 1976 and was discharged on 11 May 1976.  He enlisted in the Regular Army (RA) for a period of 3 years on 
12 May 1976.

4.  A DD Form 398 (Statement of Personal History) shows in item 9 (Education) that the applicant completed a course of study for his General Educational Development (GED) at Fort Sill, OK, in August 1976.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service) he served 17 months and completed a normal tour in the Middle East from 2 September 1977 through 23 February 1979;

	b.  item 17 (Civilian Education and Military Schools) that he completed the
10-week MOS 26Q (Tactical Satellite Microwave Systems Operator) course at a U.S. Army Training Center in 1976 and a 4-year State Department of Education, General Education program in 1977; and in

   c.  item 18 (Appointments and Reductions) that he was promoted to the rank of specialist four (SP4)/pay grade E-4 with a date of rank of "17" December 1977.

6.  Headquarters, U.S. Support Activity Iran, Orders 227-1, dated 26 December 1977, show the applicant was promoted to SP4 effective and with a date of rank of 19 December 1977.

7.  The applicant's DD Form 214 shows he entered active duty this period on
12 May 1976, he was honorably released from active duty (REFRAD) on 14 May 1979, and he was transferred to a USAR unit.  At the time he had completed 3 years of net active service; 1 year, 7 months, and 22 days of foreign service; and he had 3 days of time lost.  It also shows in:

	a.  item 6a (Grade, Rate or Rank) the entry "SP4"; item 6b (Pay Grade) the entry "E4"; and item 7 (Date of Rank) the entry "77 12 17" (i.e., 17 December 1977);

	b.  item 16a (Primary Specialty Number and Title) he was awarded MOS 26Q1O, Tactical Satellite Microwave Systems Operator on 15 October 1976;

	c.  item 20 (Highest Education Level and Successfully Completed) that he completed 12 years of secondary/high school and zero (0) years of college; and

	d.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "None."

8.  There are no orders, promotion instrument, or other evidence in the applicant's military personnel records that show he was promoted to the rank of SP5 during the period of active duty under review.
9.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation further gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

11.  Army Regulation 635-5, section II (Preparation of DD Form 214), contains item-by-item instructions for completing the DD Form 214.  The document shows for:

	a.  item 6a and item 6b enter the active duty grade and pay grade at time of separation, and for item 7 enter the date of rank for the grade shown in item 6a;

	b.  item 16a enter the MOS code, title, and date of award;

   c.  item 20 include education completed in military service, as well as education completed prior to service; and

	d.  item 26 enter awards and decorations for the entire period of the applicant's Army service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his highest level of education/training, award of the Army Commendation Medal, and that he was promoted to SP5 (E-5).  He also contends that he should receive payment of all pay and allowances resulting from the correction of his pay grade.

2.  Records show the applicant attended George W. Carver High School in Houston, from September 1966 to June 1968; he completed a course of study for his GED at Fort Sill, in August 1976; and he completed a 4-year State Department of Education, General Education program in 1977.  Item 20 of the applicant's DD Form 214 shows he successfully completed 12 years of high school.  Thus, the applicant's DD Form 214 correctly shows the highest education level the applicant completed during the period of active duty service under review.  Therefore, he is not entitled to correction of his DD Form 214 in this instance.

3.  Records show the applicant completed the Pershing Communications Specialist Course on 17 September 1976, the Tactical Satellite Microwave Systems Operator course on 15 October 1976, and that he was awarded MOS 26Q as his primary MOS on 15 October 1976.  In addition, this MOS is recorded in item 16a of his DD Form 214.  Thus, the applicant's DD Form 214 correctly reflects his military training and the MOS he held during the period of active duty service under review.  Therefore, he is not entitled to correction of his DD Form 214 in this instance.

4.  Records show the applicant successfully completed critical tasks in MOS 72E (Tactical Telecommunications Center Operator) on 27 June 1980.  This was subsequent to the applicant's REFRAD.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this training.

5.  Records show the applicant was awarded the Army Commendation Medal on 20 April 1979 for his meritorious service with the U.S. Army Communications Command - Iran from 6 November 1978 to 12 February 1979.  In addition, the applicant was officially notified in a letter from the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, date stamped 15 September 1980, that the commander of the organization in which he served on active duty awarded him the Army Commendation Medal.  As a result, the evidence of record supports the applicant's claim to the Army Commendation Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

6.  The evidence of record shows that orders promoted the applicant to SP4
(E-4) effective and with a date of rank of 19 December 1977 [emphasis added].  The evidence of record also shows his rank (i.e., SP4) is correctly recorded in his military personnel records.

   a.  Records show that the applicant's date of rank is recorded on his DA Form 2-1 and DD Form 214 as 17 December 1977 [emphasis added].

   b.  Notwithstanding the entry (i.e., 17 December 1977) in item 7 of the applicant's DD Form 214, no action is being taken to correct the date, which favors the applicant.

	c.  There are no orders, promotion instrument, or other evidence in the applicant's military personnel records that shows he was promoted to the rank of SP5 (E-5) during the period he served on active duty and that is under review.

	d.  Thus, in view of all of the foregoing, it is concluded that the applicant's
DD Form 214 correctly reflects his rank, grade, and date of rank at the time of his REFRAD.  Therefore, he is not entitled to correction of his DD Form 214 in this instance.

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 deleting from item 26 of his DD Form 214 the entry "None" and replacing it with the entry "Army Commendation Medal."

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 highest level of education/ training, promotion to SP5, and payment of back pay.



      __________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)                                         AR20090010925



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ABCMR Record of Proceedings (cont)                                         AR20090010925



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