IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100013409 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* four awards of the Army Achievement Medal
* completion of Domestic Violence Intervention Training - Class 03-97
* secondary military occupational specialty (SMOS) 71L (Administrative Specialist)

2.  The applicant states her records do not reflect her true accomplishments.

3.  The applicant provides:

* her DD Form 214 for the period ending 18 January 1998
* a National Personnel Records Center letter, dated 12 April 2010
* Orders 59-3, dated 3 March 1997, awarding her SMOS 71L
* Permanent Orders Number 56-2, dated 19 July 1994, awarding her the Army Achievement Medal for meritorious service
* Permanent Order 97-6, dated 5 September 1995, awarding her the Army Achievement Medal for meritorious achievement
* Permanent Order 140-03, dated 20 May 1997, awarding her the Army Achievement Medal for meritorious achievement
* Permanent Order 294-01, dated 21 October 1997, awarding her the Army Achievement Medal for meritorious service
* County Veteran Services, Pierre, SD, letter, dated 25 February 2010, forwarding her DD Form 149 (Application for Correction of Military Records) and supporting documents to this Board
* Domestic Violence Intervention Training Diploma, dated 14 March 1997

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 24 March 1994 for a period of
5 years.  She completed training and she was awarded MOS 95B (military police).

3.  The applicant's records contain:

* Permanent Order 97-6, awarding her the Army Achievement Medal for the period 22 July 1995 to 30 July 1995
* Permanent Order 140-03, awarding her the Army Achievement Medal for the period 7 April 1997 to 11 April 1997
* Permanent Order 294-01, awarding her the Army Achievement Medal for the period 6 August 1994 to 1 October 1997

4.  The applicant submits:

* Permanent Orders Number 56-2 awarding her the Army Achievement Medal for the period 16 July 1994 through 16 July 1994
* Orders 59-3 awarding her SMOS 71L, effective 19 February 1997
* A U.S. Army Military Police School Diploma, showing she completed Domestic Violence Intervention Training, Class 03-97, during the period 10 March 1997 through 14 March 1997


5.  The applicant was honorably discharged on 18 January 1998 by reason of disability with severance pay.  Her DD Form 214 does not show:

* four awards of the Army Achievement Medal
* her SMOS 71L
* completion of Domestic Violence Intervention Training  - Class 03-97

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that 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.  In pertinent part, it directs that the titles of all MOS's served in for at least one year will be entered in item 11 (Primary Specialty) and will include the number of years and months served.

7.  Army Regulation 635-5 states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

8.  Army Regulation 635-5 further states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more 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 after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in MOS 95B for 3 years and 6 months.  She was not awarded SMOS 71L until 19 February 1997 which only equates to 11 months at the time of her discharge on 18 January 1998.  As such, she does not meet the minimum qualifying period to add her SMOS to item 11 of her DD Form 214.  Therefore, item 11 of her DD Form 214 is correct as annotated.

2.  The evidence shows the applicant was awarded four awards of the Army Achievement Medal.  Therefore, her DD Form 214 should be corrected to show an additional award of the Army Achievement Medal.

3.  She also attended and completed a Domestic Violence Intervention Training course from 10 March 1997 through 14 March 1997.  While her diploma does not show the number of hours completed, it does show that she attended for 5 days. 

It is reasonable to presume that it was a 40-hour training course.  Therefore, her DD Form 214 should be corrected to include this course.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records 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.  deleting from her DD Form 214 the Army Achievement Medal (3rd award),

	b.  adding to item 13 of her DD Form 214 the Army Achievement Medal (4th award), and

	c.  adding to item 14 of her DD Form 214 the entry "Domestic Violence Intervention Training - Class 03-97, 1 Week, March 1997"

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 SMOS 71L to item 11 of her 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)                                         AR20100013409



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ABCMR Record of Proceedings (cont)                                         AR20100013409



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