BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011918 


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) to show the following awards and education:

* Army Commendation Medal (17 March 1997)
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars
* German Headstart
* Combat Lifesaver course
* Special Forces Medical Sergeant Preparation Military Occupational Specialty (MOS) 18D correspondence course
* Special Forces Assessment and Selection Land Navigation Training
* Defense Language Aptitude Battery

2.  The applicant states his DD Form 214 was not updated by his transition point at the time of his separation from active duty.

3.  The applicant provides copies of:

* his DD Form 214WS (DD Form 214 Worksheet)
* his Honorable Discharge Certificate, dated 13 July 2004
* his DA Form 2-1 (Personnel Qualification Record)
* 
his Special Forces Assessment and Selection Land Navigation Certificate of Training for the period 5-11 May 1996
* his Special Operations Medical Sergeant Preparation MOS 18D Correspondence Course Completion Certificate completed on
14 September 1994
* the front side of a DA Form 638 (Recommendation for Award), dated
17 January 1997
* his German Headstart Certificate for the period 22 January - 1 February 1991  
* his Combat Lifesaver Course Certificate for the period 25 September - 
1 October 1993
* a Memorandum for Record, Subject:  Defense Language Aptitude Battery Test Results, dated 29 April 1996 
* his Army/ACE [American Council on Education] Registry Transcript System (AARTS) Transcript, issued on 10 August 2007

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.  On 28 August 1990, the applicant enlisted in the Regular Army for a period of 4 years.  He completed training as a records specialist.  After completing 6 years, 5 months, and 24 days of net active service this period, he was honorably released from active duty (REFRAD) on 21 February 1997 by reason of completion of required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The applicant's DD Form 214 contained in his official records do not show award of the Army Commendation Medal or the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars.  His records also 

contain a copy of his DA Form 2-1 that show in item 9 (Awards, Decorations & Campaigns) he is authorized the three qualification badges in question.

4.  The applicant submits a copy of the front side of a DA Form 638 that shows he was recommended for award of the Army Commendation Medal for the period
4 January 1993 to 21 February 1997.  However, his official records do not contain a copy of the Army Commendation Medal in question.

5.  The applicant also submits Certificates of Completion for the following courses that are not listed on his DD Form 214WS or the official DD Form 214 contained in his records:

* German Headstart course
* Combat Lifesaver course
* Special Forces Medical Sergeant MOS 18D course
* Special Forces Assessment and Selection Land Navigation Training
* Defense Language Aptitude Battery test results

6.  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.  The instructions for preparing the DD Form 214 state, in effect, that for:

   a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service.

   b.  item 14 (Military Education), list in-service training courses; title, number of weeks, and year successfully completed during this period of service.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed

7.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.

DISCUSSION AND CONCLUSIONS:

1.  There is no record of the DA Form 638 recommending the applicant for the Army Commendation Medal in question.  The applicant has also failed to submit the reverse side of the DA Form 638 that contains the approval of and the required orders data for award of the Army Commendation Medal.  Additionally, the DA Form 2-1 submitted by the applicant contains a handwritten entry that shows entitlement to the Army Commendation Medal.  However, the DA Form
2-1 contained in his official records do not show the same handwritten entry.  Therefore, there is an insufficient basis for adding the Army Commendation Medal to his DD Form 214.

2.  Records show he is entitled to the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

3.  The evidence shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature.  Therefore, since the applicant has provided his Combat Lifesaver Course completion certificate, it is appropriate to add this course to his DD Form 214.

4.  The applicant also provided a certificate of completion for German Headstart which is also not combat in nature.  Therefore, he is entitled to correction of his DD Form 214 to show this course.

5.  Although the applicant also provided documentation to show he completed the Special Forces Assessment and Selection Land Navigation Training, this course is considered a combat-related course.  Therefore, there is no basis for adding this course to his DD Form 214.

6.  Although the applicant provided evidence to show he completed the Special Operations Medical Sergeant Preparation course, this was a correspondence course.  Only in-service training courses are listed on the DD Form 214.

7.  The applicant also provided documentation to show his Defense Language Aptitude Battery test results.  However, there are no provisions for adding such results on a 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:

	a.  adding to item 13 of his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars, and

	b.  adding to item 14 of his DD Form 214 the entries:

* German Headstart, 1 Week, 1991
* Combat Lifesavers Course, 1 Week, 1993

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 adding to his DD Form 214 the Army Commendation Medal, Special Forces Assessment and Selection Land Navigation Training and Special Operations Medical Sergeant Preparation MOS 18D courses, and the Defense Language Aptitude Battery test results.



      __________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)                                         AR20100011918



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ABCMR Record of Proceedings (cont)                                         AR20100011918



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