IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100010090 


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) to show the following awards:

* Army Achievement Medal (AAM)
* AAM (1st Oak Leaf Cluster)
* Certificates of Training (German and Driver Safety Orientation)
* Certificate of Excellence
* Presidential Sports Award

2.  The applicant states he earned these awards and would like them to be added to his DD Form 214.   

3.  The applicant provides page 14 of a legal summary.

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 on 7 October 1982.  He was honorably released from active duty on 26 September 1985 by reason of completion of term of service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, and the Overseas Service Ribbon.

4.  Item 14 (Military Education) of the applicant's DD Form 214 lists the course title, number of weeks, and month and year completed as follows: 

* Field Artillery Crewman, 13 weeks, 8301 
* German, 2 weeks, 8405  

5.  Permanent Orders Number 40-12, issued by Headquarters, 72nd Field Artillery Brigade, dated 15 April 1985, and an accompanying certificate show the applicant was awarded the AAM (First Oak Leaf Cluster) (sic) for meritorious achievement during the period 21 February 1985 - 8 March 1985.

6.  Permanent Orders Number 76-2, issued by the same headquarters, dated
8 August 1985, and an accompanying certificate show the applicant was awarded the AAM (First Oak Leaf Cluster) for meritorious achievement during the period 10 July 1985 – 20 July 1985.

7.  A Certificate of Training, dated 4 March 1983, shows the applicant completed an 8-hour Driver Safety Orientation Course.

8.  A Certificate of Training shows the applicant successfully completed a
40-hour Command Language Program - German Orientation.

9.  A Certificate of Excellence, dated 10 October 1984, shows the applicant was recognized for scoring 300 points on the Army Physical Readiness Test.

10.  A Presidential Sports Award certificate shows the applicant was presented this award for participating in the 69th International Nijmegen Marches - backpacking. 

11.  Army Regulation 635-5 (Personnel Separations) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 contains instructions for completing the DD Form 214.  It states, in pertinent part, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22, in pertinent part, 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.

12.  Additionally, for item 14, list formal in-service (full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual military awards.  Chapter 10 outlines the policies and procedures governing eligibility criteria and issuance of various certificates and letters.  Paragraph 10-7 allows commanders to recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or certificates of local design. 

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the AAM (1st Oak Leaf Cluster).

2.  The applicant's DD Form 214 correctly lists his two weeks of German Orientation in item 14 of his DD Form 214.  Although he presented a certificate of training for completing the 8-hour driver safety orientation, based on the length of the course it is not authorized to be entered in item 14 of his DD Form 214.  Additionally, as cited in the regulation, there are no provisions to include these Certificates of Training, his Certificate of Excellence, or the Presidential Sports Award in item 13 of his DD Form 214.


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 adding to item 13 of his DD Form 214 the Army Achievement Medal (First Oak Leaf Cluster).

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 listing Certificates of Training, Certificate of Excellence, and the Presidential Sports Award in item 13 of his
DD Form 214.



      ___________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)                                         AR20100010090



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ABCMR Record of Proceedings (cont)                                         AR20100010090



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