IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20100013445 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
31 October 1993 to show two additional awards of the Army Achievement Medal (AAM) and the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar.  He also requests item 14 (Military Education) on this DD Form 214 be corrected to show he completed the 11th Transportation NCO [Noncommissioned Officer] Leadership Course, Commander/First Sergeants' Workshop, Senior Military Customs Inspector Seminar, M551 Sheridan Armored Crewman's Course, and Equipment Custodian Management Training Class.   

2.  The applicant states:

* his DD Form 214 shows two awards of the AAM but he has four awards
* the above mentioned courses are missing on his DD Form 214  

3.  The applicant provides:

* four award certificates for the AAM
* orders for the AAM with First Oak Leaf Cluster
* Certificates of Training for the M551 Sheridan Armored Crewman's Course Equipment Custodian Management Training Course Commander/First Sergeants' Workshop and 11th Transportation NCO Leadership Course
* Certificate of Completion of the Senior Military Customs Inspector Seminar
* DD Form 214 for the period ending 31 October 1993  

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 May 1972 for a period of 
3 years.  He was honorably discharged for immediate reenlistment on 21 January 1973.  

3.  The applicant provided an undated Certificate of Training which shows he completed the M551 Sheridan [reconnaissance/airborne assault vehicle] Armored Crewman's Course at Fort Knox, Kentucky.  Item 17 (Civilian Education and Military Schools) on his DA Form 2-1 (Personnel Qualification Record) shows he completed this 3-week (combat skills) course in 1972.

4.  The applicant's DD Form 214 for period ending 21 January 1975 shows the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle and .45 Caliber Pistol Bars as authorized awards.

5.  The applicant reenlisted on 22 January 1975 for a period of 4 years.  On 
18 October 1978, he was honorably discharged for immediate reenlistment.

6.  The applicant's DD Form 214 for the period ending 18 October 1978 shows the National Defense Service Medal and the Good Conduct Medal (2nd Award) as authorized awards.      

7.  The applicant reenlisted on 19 October 1978 for a period of 3 years.  He remained on active duty through continuous reenlistments until he retired on 
31 October 1993 in the rank of sergeant first class. 

8.  Item 13 on the applicant's DD Form 214 for the period ending 31 October 1993 shows, among other awards, two awards of the AAM.  This DD Form 214 does not show the Expert Marksmanship Qualification Badge with Pistol Bar as an authorized award.  Item 14 on this DD Form 214 does not show he completed the 11th Transportation NCO Leadership Course, Commander/First Sergeants' Workshop, Senior Military Customs Inspector Seminar, M551 Sheridan Armored Crewman's Course, or Equipment Custodian Management Training Class.   
 
9.  Headquarters, 4th Infantry Division (Mechanized) Permanent Orders 239-11, dated 14 December 1983, show the applicant received the AAM for meritorious achievement for the period 9-14 September 1983.   
 
10.  Headquarters, Military Traffic Management Command Permanent Orders 43-2, dated 12 December 1985, show the applicant received the AAM with First Oak Leaf Cluster for meritorious achievement for the period 9 October 1985 to
16 October 1985. 

11.  Headquarters, Headquarters Command, Fort Carson, Colorado Permanent Orders 120-1, dated 26 August 1988, show the applicant received the AAM with Second Oak Leaf Cluster for meritorious service for the period 12 February 1988 to 31 August 1988.

12.  In support of his claim for a fourth award of the AAM, the applicant provided an award certificate, dated 25 June 1992, for the AAM for meritorious service (no time frame specified).  This award certificate shows the entry "ORDERS 
#177-04."   

13.  The applicant provided a Certificate of Completion for the Senior Military Customs Inspector Seminar conducted in Germany from 3 December 1984 to 
5 December 1984 (24 hours).

14.  The applicant provided a Certificate of Training, dated 31 January 1985, which shows he completed the Equipment Custodian Management Training Course.

15.  The applicant provided a Certificate of Training which shows he completed the Commander/First Sergeants' Workshop on 5 June 1987 (8 hours).

16.  The applicant provided a Certificate of Training which shows he completed the 40-hour 11th Transportation NCO Leadership Course during the period 
18-22 June 1990 (40 hours).

17.  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 item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Training courses for combat skills will not be listed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received four awards of the AAM and orders show he received four awards of the AAM.  Therefore, his DD Form 214 for the period ending 31 October 1993 should be corrected to show four awards of the AAM. 

2.  The entry on the applicant's DD Form 214 for the period ending 21 January 1975 which shows entitlement to the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 31 October 1993 to show this marksmanship badge. 

3.  Evidence of record shows the applicant completed the 3-week M551 Sheridan Armored Crewman's Course in 1972.  However, the governing regulation states training courses for combat skills will not be listed on the DD Form 214.  Therefore, there is no basis for granting the applicant's request to show this course on his DD Form 214 for the period ending 31 October 1993.

4.  Evidence of record shows the applicant completed the 24-hour Senior Military Customs Inspector Seminar in 1984 and the 8-hour Commander/First Sergeants' Workshop in June 1987.  However, the governing regulation states training courses successfully completed during the period of service covered by title, length in weeks (i.e., at least 40 hours), and year completed would be listed in item 14 on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request to show this training on his DD Form 214 for the period 
31 October 1993.  

5.  Since the duration of the Equipment Custodian Management Training Class is unknown, there is an insufficient basis for granting the applicant's request to show this training course at this time.   

6.  Evidence of record shows the applicant completed the 40-hour (1-week) 11th Transportation NCO	 Leadership Course on 22 June 1990.  Therefore, item 14 on his DD Form 214 for the period ending 31 October 1993 should be corrected to show this course.
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 the entry "ARMY ACHIEVEMENT MEDAL (2D AWD)" in item 13 on his DD Form 214 for the period ending 31 October 1993 and replacing it with the ARMY ACHIEVEMENT MEDAL (4 Awards);
   
   b.  adding the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar in item 13 on this DD Form 214; and
   
   c.  adding the entry "11th Transportation NCO Leadership Course, 1 week, 1990" in item 14 on this DD Form 214.  	 

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 amending item 14 on his 
DD Form 214 for the period ending 31 October 1993 to show he completed the M551 Sheridan Armored Crewman's Course, Senior Military Customs Inspector Seminar, Commander/First Sergeants' Workshop, or Equipment Custodian Management Training Class.




      _______ _   __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)                                         AR20100013445



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ABCMR Record of Proceedings (cont)                                         AR20100013445



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