IN THE CASE OF:	

		BOARD DATE:	 27 May 2010 

		DOCKET NUMBER:  AR20090018077 


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 (Certificate of Release or Discharge from Active Duty) by changing:

	a.  block 12b (Separation Date This Period) to show "89 05 16" [16 May 1989];

	b.  block 12c (Net Active Service This Period) to show at least "02 00 00"
[2 years];

	c.  block 12d (Total Prior Active Service) to show the time he spent on active duty while attending Air Assault training; and

	d.  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) to show award of three Army Achievement Medals [the Army Achievement Medal with 2nd Oak Leaf Cluster].

2.  The applicant states that he is in the process of attempting to receive medical benefits from the Department of Veterans Affairs (VA).  The VA requires 24 months of continuous active service and according to his DD Form 214 he is 
4 days short.  According to his other separation documents, he is eligible, but his DD Form 214 must be corrected in order to receive benefits.


3.  The applicant also states that while participating in the U.S. Army Reserve (USAR) Officers' Training Corps (ROTC) program, he was activated to attend the 101st Airborne Division (Air Assault) Air Assault School located at Fort Campbell, Kentucky.  He graduated from this training on 23 August 1984 and concludes this active duty training should be reflected in Item 12d of his DD Form 214.

4.  As documentary evidence in support of these requests, the applicant provides copies of:

* a Certificate of Training from the 101st Airborne Division (Air Assault) Air Assault School
* three DA Forms 4980-18 (Department of the Army Certificate for the Army Achievement Medal)
* separation orders
* a DD Form 214

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 record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he enlisted in the USAR Control Group (ROTC) as a cadet on 31 August 1983.  This document also shows additional details of the applicant's enlistment were annotated in Section C of this form and DA Form 597-3.

3.  The applicant's record contains a DA Form 597-2 (Acknowledgement of Understanding - Four-Year Army ROTC Scholarship Program) and a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), both dated 30 August 1983, which show he acknowledged he understood that if he failed to fulfill the requirements of his Army ROTC 4-year scholarship contract he would be required to either reimburse all of the financial assistance he received plus interest or serve as an active duty enlisted Soldier for the period prescribed in his contract.

4.  The applicant's record contains Headquarters, U.S. Army First ROTC Region, Fort Bragg, North Carolina, Orders 122-50, dated 29 June 1984, which show he was authorized to travel at Government expense from the University of Vermont located in Burlington, Vermont to the Air Assault School located at Fort Campbell, Kentucky for the purpose of attending Air Assault School with a reporting date of 8 August 1984.

5.  The applicant's record contains Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Permanent Orders 
164-39, dated 28 August 1984, which show he was awarded the Air Assault Badge for successful completion of the standard Air Assault Course during the period 10 August through 23 August 1984.  The applicant provides a Certificate of Training from the 101st Airborne Division (Air Assault) Air Assault School commemorating this training and achievement, dated 23 August 1984.

6.  The applicant's record contains Headquarters, U.S. Army First ROTC Region, Orders 23-1, dated 9 February 1987, which show he was involuntarily ordered to active duty in the rank/pay grade of private/E-1 with a reporting date of 6 April 1987 for the purpose of fulfilling an active duty commitment of 24 months for breach of his Army Senior ROTC Scholarship Contract, dated August 1983.  Orders 33-3, issued by the same authority and dated 5 February 1987 amended the applicant's reporting date to 18 May 1987.

7.  The applicant's record contains Headquarters, U.S. Army South, Permanent Orders 7-2, dated 25 January 1988, which show he was awarded the Army Achievement Medal for meritorious achievement on 15 October 1987.  The applicant provides a DA Form 4980-18, dated 29 October 1987, commemorating this award.

8.  The applicant's record contains Headquarters, U.S. Army South, Permanent Orders 73-2, dated 17 June 1988, which show the applicant was awarded the Army Achievement Medal (First Oak Leaf Cluster) for meritorious achievement during the period 8 February 1988 to 11 May 1988.  The applicant provides a DA Form 4980-18, dated 30 June 1988, commemorating this award.

9.  The applicant provides a DA Form 4980-18, dated 1 September 1988, which indicates he was awarded the Army Achievement Medal for outstanding achievement during the month of June 1988.  The applicant's record is devoid of orders and he has failed to provide orders awarding him the Army Achievement Medal by proper authority.

10.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's 
DA Form 2-1 (Personnel Qualification Record) shows he was awarded or authorized to wear the Army Service Ribbon, two Army Achievement Medals [the Army Achievement Medal 1st Oak Leaf Cluster], the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

11.  The applicant's record contains a DA Form 31 (Request and Authority for Leave), dated 4 March 1989, which shows he was authorized to take 24 days of Terminal Leave in conjunction with his separation from 22 April 1989 to 16 May 1989.

12.  The applicant's record contains Headquarters, U.S. Army South, Orders 
72-5, dated 30 March 1989, which show he was reassigned to the U.S. Army Transition Point for separation processing with a reporting date of 22 April 1989 and a discharge date of 16 May 1989.

13.  Block 12b of the applicant's DD Form 214 shows he was released from active duty on 12 May 1989.  Block 12c shows he completed 1 year, 11 months, and 26 days of active service during the period 17 May 1987 through 12 May 1989.  Block 12d contains the entry "00 00 00" indicating he had no prior active duty service.

14.  The Army Senior ROTC Scholarship Program is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty.  Subject to limitations, it permits an ROTC cadet to train in the ROTC Advanced Course during the academic year and to attend military training at Government expense when school is not in session.  This training is totally voluntary and is conducted on Invitational Travel Orders.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states:

	a.  the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge;

	b.  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;

	c.  a DD Form 214 will be prepared for each USAR Soldier:

		(1)  completing 90 days or more of continuous active duty for training (ADT), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service;

		(2)  separated for cause or physical disability regardless of the length of time served on active duty:

		(3)  transitioned from active duty after being called into Federal service under chapter 15, or section 12406 of Title 10, U.S. Code, regardless of length of mobilization;

		(4)  completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days. This includes completion of advanced individual training (AIT) under the USAR Split Training Program. 

	d.  the Soldier's transition date will be entered in block 12b; 

	e.  amount of service this period, computed by subtracting block 12a from 12b will be entered in Block 12c;

	f.  from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any, in block 12d.  If not applicable, enter 
"00 00 00"; and

	g.  awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered in block 13 of the DD Form 214.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected by:

	a.  changing block 12b to show he was separated on 16 May 1989;

	b.  changing block 12c to show he served on active duty for a period of at least 2 years;

	c.  changing block 12d to show the time he spent on active duty while attending Air Assault training; and

	d.  changing block 13 to show award of the Army Achievement Medal with 2nd Oak Leaf Cluster instead of the "Army Achievement Medal 1st Oak Leaf Cluster."

2.  These contentions were carefully considered.

3.  Both the applicant's separation orders and his DA Form 31 show he was authorized Terminal Leave from 22 April to 16 May 1989 in conjunction with his discharge.  The available evidence shows the applicant was issued a DD Form 214 on which his separation date erroneously appears as 12 May 1989.  Therefore, he is entitled to correction of block 12b of his DD Form 214 to show his separation date as 16 May 1989 by replacing the current entry with the entry "89 05 16."

4.  Correcting block 12b will also require correcting block 12c.  Accordingly, block 12c of his DD Form 214 should be corrected to show he completed 2 years of active duty service by replacing the current entry with the entry "02 00 00."

5.  The available evidence shows the applicant was not entitled to receive a 
DD Form 214 for completing the 14-day Air Assault Course in a voluntary status on Invitational Travel orders while participating in the Army Senior ROTC Scholarship Program.  Therefore, it would be inappropriate to modify his 
DD Form 214 to show this training as prior active duty service.

6.  The applicant's record is devoid of orders and he has failed to provide orders showing he was awarded the Army Achievement Medal by proper authority.  Therefore, the DD Form 4980-18 is insufficient as a basis upon which to grant this portion of the applicant's requested relief.







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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the current entry in block 12b and adding the entry "89 05 16"; and

	b.  deleting the current entry in block 12c and adding the entry "02 00 00."

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:

	a.  changing block 12d to show the time he spent on active duty while attending Air Assault training; and

	b.  changing block 13 to show award of the Army Achievement Medal 2nd Oak Leaf Cluster.



      _______ _   _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)                                         AR20090018077



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ABCMR Record of Proceedings (cont)                                         AR20090018077



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