IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012917 


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:

* he completed the 62E1O (Heavy Construction Equipment Course) in January 1984
* he was awarded the Recruiter Ring
* he was a Gulf War veteran during Desert Shield/Storm from 18 December 1990 through 20 April 1991

2.  The applicant states his DD Form 214 states that a DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.  He states he never received a DD Form 215.

3.  The applicant provides his:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Orders Number 5-6, awarding him the Army Commendation Medal
* Orders Number 4-11, awarding him the Army Achievement Medal
* A Certificate of Commendation showing he served with distinction with VII Corps among the coalition forces fighting for the liberation of Kuwait
* A Certificate of Commendation for earning the Recruiter Ring
* A Certificate of Training for successfully completing the 62E Construction Equipment Operator Course

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 16 September 1983.  After completing 20 years and 15 days of net active service, he retired on
30 September 2003 by reason of sufficient service for retirement.

3.  The DD Form 214 he was issued does not show:

* he completed the 62E1O Heavy Construction Equipment Course in January 1984
* he was awarded the Recruiter Ring
* he was a Gulf War veteran during Desert Shield/Strom from 18 December 1990 through 20 April 1991

4.  The applicant's DA Form 2-1 shows:

* he completed a 9-week 62E1O Heavy Construction Equipment Course in 1983
* he was on temporary duty (TDY) in Saudi Arabia from 18 December 1990 through 20 April 1991

5.  The applicant submitted a Certificate of Commendation for exceptional recruiting abilities, dedication, perseverance, and skill in earning the Recruiter Ring on 22 January 2002.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty or discharge.  It states:

   a.  In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Do not enter State awards and decorations on DD Form 214.  Enter all Federal awards and decorations for first award;
   
   b.  In item 14 (Military Education), list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed

   c.  In item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.

7.  Army Regulation 635-5, in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant received a Recruiter Ring in recognition of his exceptional performance as a recruiter the item is considered a recruiting incentive item and, therefore, is not authorized for inclusion on the DD Form 214.

2.  However, the applicant did complete the 62E Construction Equipment Operator Course in 1983, which was a 9-week course.  Therefore, this course should be included in item 14 on his DD Form 214.

3.  The applicant was TDY in Saudi Arabia from 18 December 1990 through 20 April 1991.  This information should be included in item 18 of his DD Form 214.

4.  In view of the foregoing, it would be appropriate to correct the applicant's record as recommended below.

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 14 of his DD Form 214 the entry "62E Construction Equipment Operator Course, 9-weeks, 1983"; and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901218 - 19910420."

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 award of the Recruiter Ring.



      __________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)                                         AR20100012917



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ABCMR Record of Proceedings (cont)                                         AR20100012917



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