IN THE CASE OF:	  III

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000687 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2009 by:

   a.  deleting from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Legion of Merit and 
adding the Meritorious Service Medal (3rd Award); 

   b.  deleting from item 14 (Military Education) 40 weeks and adding 1 week to the Explosive Ordnance Detachment (EOD) Specialized Marksmanship Course 1-93; and 

   c.  deleting from item 14 the Warrior Leader Course, 1990.

2.  The applicant states the Legion of Merit was erroneously added to his
DD Form 214 at the time of retirement.  The award was downgraded to the Meritorious Service Medal (3rd Award).  Therefore, the Legion of Merit should be removed and replaced with the Meritorious Service Medal (3rd Award).

3.  The applicant states the EOD Course 1-93 on his DD Form 214 incorrectly shows 40 weeks instead of 1 week and the DD Form 214 should show he successfully completed the Primary Leadership Development Course (PLDC) in 1990 instead of the Warrior Leader Course, which is the current name for PLDC.



4.  The applicant provides his DD Form 214; PLDC Diploma, dated 1 August 1990; Department of the Army (DA) Certificate, for the period 7-11 December 1992; DA Form 638 (Recommendation for Award), dated 2 November 2009, and Meritorious Service Medal Certificate, dated 2 November 2009.

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 enlisted in the Regular Army on 30 June 1987.  He initially trained as an EOD Specialist.  He had completed numerous military courses to include PLDC and the Advanced Noncommissioned Officer Course (ANCOC).  He had also been awarded two Meritorious Service Medals, among other service medals, ribbons, and badges.

3.  The applicant's PLDC Diploma, dated 1 August 1990, shows he successfully completed the course at Fort Polk, Louisiana.  His DD Form 214 erroneously shows he completed the Warrior Leadership Course in 1990.

4.  The applicant provides a DA Certificate of Completion that shows he successfully completed the EOD Marksmanship Course 1-93 during December 1992 at Fort Benning, Georgia (course length 40 hours).

5.  On 15 October 2005, the Army's Director of Training announced the PLDC name had changed to the Warrior Leader Course.

6.  On 31 July 2009, the applicant retired and his DD Form 214 shows in item 13 he was awarded the Legion of Merit and the Meritorious Service Medal (2nd Award).  Item 18 (Remarks) continuation from item 14 shows the entry "EOD SPECIALIZED MARKSMANSHIP CRS I-93, 40 WEEKS" and "WARRIOR LEADER CRS, 1990."

7.  The applicant provided a DA Form 638, dated 2 November 2009, that shows he was recommended for the Legion of Merit for retirement on 9 June 2009.  On 
2 November 2009, the approving authority downgraded the award of the Legion of Merit to a Meritorious Service Medal (3rd Award).

8.  There are no orders in the applicant’s records that show he was awarded the Legion of Merit. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 14 list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant’s records that show he was awarded the Legion of Merit.  It appears the Legion of Merit was erroneously added to the applicant's DD Form 214, even though the approving authority had not approved the recommendation for the award prior to the applicant's retirement.   

2.  The DA Form 638 provided by the applicant shows the recommendation for the Legion of Merit was downgraded to a Meritorious Service Medal (3rd Award). Therefore, the award of the Legion of Merit should be deleted from his DD Form 214 and the Meritorious Service Medal (3rd Award) should be added.

3.  Evidence of record shows the applicant completed PLDC at Fort Polk in 1990. His DD Form 214 erroneously shows he completed the Warrior Leader Course in 1990.  The course name did not change until October 2005.  Therefore, the Warrior Leader Course should be removed from the applicant's DD Form 214.

4.  The applicant provided a certificate that shows he successfully completed the EOD Marksmanship Course 1-93 in December 1992 at Fort Benning, (course length 40 hours).  Therefore, his DD Form 214 should be corrected to show the EOD Specialized Marksmanship Course length of 1 week in item 14.



BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:

	a.  deleting the Legion of Merit from item 13; 
	
	b.  deleting the EOD Specialized Marksmanship Course 1-93, 40 weeks; and the Warrior Leader Course 1990 from item 14;

	c.  adding the Meritorious Service Medal (3rd Award) to item 13; 

	d.  adding the EOD Specialized Marksmanship Course 1-93, 1 week to
item 14; and 

	e.  providing the individual a corrected DD Form 214 to show the above corrections.



_______ _   __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)                                         AR20100000687



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)