IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100018163 


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 military record to show:

* his correct military occupational specialty (MOS)
* his Army and Navy military education
* his Certificate of Appreciation from the Garrison Command at Convoy Support Center (CSC) Cedar II, Iraq
* he was awarded an American flag that was flown over the Garrison Command at CSC Cedar II, Iraq
* any tasks for which he would receive credits from a major university

2.  He states, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects an incorrect MOS and does not include all of his service-related accomplishments.  He also states that at the time of separation he was advised he could request that any errors on his DD Form 214 be corrected at a later date.  He was not concerned about the errors until recently. As a result of the slumping economy and his inability to reenlist in the military due to his age, he needs his record corrected so he can receive college credits for his military service and accomplishments.

3.  He provides copies of:

* a letter from the National Personnel Records Center referring him to the Army Board for Correction of Military Records (ABCMR) to seek relief
* his DD Form 214
* four Certificates of Completion
* two photographs
* a Certificate of Appreciation from Garrison Command, CSC Cedar II, Iraq
* a certificate showing award of an American flag flown over the Garrison Command, CSC Cedar II, Iraq
* a letter from the Department of Veterans Affairs (VA) Regional Office located in Muskogee, OK
* a U.S. Government Contractor Identification Card
* a U.S. Navy Diver Identification Card
* a VA Service-Connected Disability Veteran's Identification Card
* a Veterans of Foreign Wars of the U.S. Lifetime Membership Card
* a plaque

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 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.  His records show he participated in the U.S. Army Reserve Delayed Entry Program during the period 26 July through 26 December 1983.  He enlisted in the Regular Army on 27 December 1983 with the intent of attending Ranger training.

3.  He completed initial entry training and was awarded MOS 11B1O (Infantryman).

4.  His record contains Permanent Orders 78-4, dated 20 April 1984, which show he successfully completed Airborne training on 27 April 1984 and he was awarded the Parachutist Badge.  He provides a copy of the certificate he was issued to commemorate this accomplishment.  As a result, his MOS was changed to 11B1P (indicating he was a skill-level 1 Infantryman with the P (Parachutist) Special Qualification Identifier (SQI).


5.  His record contains and he also provides a copy of a Jungle Operations Training Center, Fort Sherman, Panama Certificate awarded to him on 19 December 1984 for successfully completing the Jungle Warfare Training Course and earning the designation of Jungle Expert.

6.  His record contains Permanent Orders 143-22, dated 25 July 1985, which show he successfully completed Ranger training on 1 August 1985 and he was awarded the Ranger Tab.  He provides a copy of the certificate he was issued to commemorate this accomplishment.  As a result, his MOS was changed to 11B1V indicating he was a skill-level 1 Infantryman with the V (Airborne Ranger) SQI.

7.  His record contains and he also provides a copy of a certificate showing he successfully completed Scuba Diver training offered by the Scuba Diving School conducted by the Naval Submarine Training Center Pacific Submarine Base, Pearl Harbor, HI.  This certificate does not show the date on which he completed the training.  He provides a copy of a photograph of Scuba Divers School Class 8625 depicting several Sailors, several Marines, and one Soldier.  He also provides a copy of a U.S. Navy Diver Identification Card showing he became a certified Scuba Diver on 15 August 1986.

8.  He provides a copy of a plaque he received in recognition of outstanding service to the Long-Range Surveillance Detachment (LRSD) in Hawaii during the period December 1985 through May 1987.

9.  His record contains a DA Form 2-1 (Personnel Qualification Record - Part II) which shows the following pertinent information in:

* item 5 (Overseas Service) he served in Hawaii from 19 December 1985 through 2 December 1987
* item 6 (MOSs) he held MOS 11B
* item 9 (Awards, Decorations & Campaigns) he was awarded:

* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
* Ranger Tab
* Expert Marksmanship Qualification Badge with Rifle Bar [M-16]
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar


* item 17 (Civilian Education and Military Schools) he completed the following military training:

* 13-week Infantryman Course, 1984
* 3-week Basic Airborne Course, 1984
* 3-week Jungle Warfare Training Course, 1984
* 8-week Ranger Course, 1985
* 4-week Primary Leadership Development Course (PLDC), 1986

* item 18 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 21 June 1986

10.  On 15 December 1987, he was relieved from active duty with an honorable characterization of service and transferred to U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued at the time of separation shows in:

* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) 11B2V (indicating he was a skill-level 2 Airborne Ranger qualified Infantryman
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized:

* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Ranger Tab
* Expert Marksmanship Qualification Badge with Rifle Bar [M-16]
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar

* item 14 (Military Education) no courses are listed

11.  He provides a copy of a Certificate of Appreciation he received in recognition of his dedication to mission and support of all personnel at CSC Cedar II on 6 July 2008.

12.  He provides a copy of an Old Glory Certificate which shows he received an American flag that was flown over Garrison Command, CSC Cedar II, Iraq on 4 July 2008.
13.  He provides a letter from the VA Regional Office located in Muskogee, OK, certifying he is entitled to compensation for service-connected disability(ies) rated at least 10 percent disabling, but less than 30 percent disabling.

14.  The mission of the Infantry Training Course is to transform civilians into disciplined infantrymen that possess the Army Values, fundamental Soldier skills, physical fitness, character, confidence, commitment, and the Warrior Ethos to become adaptive and flexible infantrymen ready to accomplish the mission of the Infantry.  This is a course of instruction, as the name implies, in basic infantry skills, including marksmanship, machine gunnery, tactics, and planning.

15.  The United States Army Airborne School conducts the Basic Airborne Course, which is open to Soldiers of both genders from all branches of the United States Department of Defense and allied military personnel.  The purpose of the Basic Airborne Course is to qualify the volunteer (all students volunteer for this school) in the use of the parachute as a means of combat deployment and to develop leadership, self-confidence, and an aggressive spirit through mental and physical conditioning.

16.  A review of the historical information about the Panama Canal Zone posted on the U.S. Army South internet website www.usarso.army.mil revealed the Jungle Warfare Training Course was a 3-week course conducted at Fort Sherman up to 10 times annually.  "A normal cycle conducted training on three levels, individual Soldier skills, small unit, and company.  The bulk of the instruction was conducted for the infantry rifle company, but specialized training for a heavy weapons company, a heavy mortar company, a headquarters company, a combat engineer (Sapper) platoon, and a medical platoon was also available.  Individual training included jungle survival, camouflage, navigation, mines and booby traps, and jungle plants and living.  Upon completion of the core classes, the training focus shifted to small unit patrolling, attack, and ambush tactics and techniques.  Once the small unit was proficient in jungle operations, training moved to company and occasionally battalion level offensive field training exercises."

17.  The United States Army Ranger School is an extremely intense combat leadership course oriented towards small-unit tactics that is designed to produce Rangers.  Ranger School is effectively closed to female applicants due to the Combat Exclusion Laws pertaining to assignment to Ranger-coded positions within the Combat Arms of the U.S. armed forces.  The purpose of the course is learning to soldier as a combat leader while enduring the great mental and psychological stresses and physical fatigue of combat; the Ranger Instructors create and cultivate such a physical and mental environment.  Fieldcraft instruction comprises most of the coursework; students plan and execute daily patrolling, perform reconnaissance, ambushes, and raids against dispersed targets, followed by stealthy movement to a new patrol base to plan the next mission.  Ranger students conduct about 20 hours of training per day, while consuming two or fewer meals daily, with an average of 3.5 hours of sleep a day. Students sleep more before a parachute jump for safety considerations.  Ranger students typically wear and carry some 65–90 pounds (29–41 kg) of weapons, equipment, and training ammunition while patrolling more than 200 miles throughout the course.

18.  The U.S. Navy Scuba Diver Course is designed to provide qualified non-diving personnel with the basic instruction and training in Scuba diving techniques, inspection, search, and underwater procedures to safely and effectively perform as a dive team member and Scuba diver, in accordance with approved technical manuals and the U.S. Navy Diving Manual.  Upon graduation, Scuba divers are able to conduct day and night general underwater search, detailed ship bottom search and routine inspection using underwater compass, depth indicators, and associated underwater equipment.  They will also be able to perform adjustments and field shop maintenance on Scuba and underwater accessories, knows the laws of diving and physics and be able to recognize all types of decompression sickness and diving accidents. 

19.  PLDC is the first course of study in the U.S. Army NCO Education System.  PLDC is a month-long course that trains Soldiers in the fundamentals of leadership.  The course curriculum includes instruction in Leadership Skills, Training Skills and Warfighting Skills.  PLDC is non-specific to the Soldier's MOS, and graduates are awarded the NCO Professional Development Ribbon.

20.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for entering awards in the version of the regulation in effect at the time stated to enter awards earned and military education completed during the period covered by the DD Form 214.  

21.  AR 635-5 specifies that all awards authorized and contained in the order of precedence in the Army’s awards regulation will be entered.  It provides no provisions for entering letters or certificates of appreciation, achievement, or commendation on the DD Form 214.  

22.  Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated, in pertinent part, that the Soldier's military education is obtained from the Soldier's records.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

23.  Army Regulation 635-5 also 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.  In pertinent part, it states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military record should be corrected to show:

* his correct MOS
* his Army and Navy military education
* he received a Certificate of Appreciation from the Garrison Command at CSC, Cedar II, Iraq
* his receipt of an American flag flown over the Garrison Command at CSC Cedar II, Iraq
* all tasks which would grant him credits at a major university

2.  The regulation in effect at the time allowed for entering all non-combat skills military training and education completed during the period covered by the DD Form 214 in item 14 of the DD Form 214.  Evidence shows he completed the 
4-week PLDC in 1986.  Evidence also shows he completed the U.S. Navy Scuba Diver Course on 15 August 1986.  Therefore, it would be appropriate to add these courses to item 25 of his DD Form 214.

3.  The fact that the applicant also successfully completed the Basic Infantryman Course, Basic Airborne Course, Jungle Warfare Training Course, and Ranger Course is not in question.  However, these courses are clearly training courses for combat skills.  In accordance with Army Regulation 635-5 which governs the 

preparation of separation documents, it would not be appropriate to annotate these courses on his DD Form 214 because training courses for combat skills are not listed on the DD Form 214.  However, the applicant is advised that this Record of Proceedings, along with his application and the accompanying enclosures he submitted, will be filed in his military service records.

4.  In addition, there are no regulatory provisions for adding "tasks" to the DD Form 214, on formal training courses that meet the regulatory criteria.

5.  Finally, the request to add the Certificate of Appreciation from the Garrison Command at CSC Cedar II, Iraq and the certificate showing award of an American flag that was flown over the Garrison Command at CSC Cedar II, Iraq to his DD Form 214 was also carefully considered.  However, the governing regulation provides for entering only authorized awards identified in the Army’s awards regulation to the DD Form 214.  It also appears he received both of these certificates for a period following his relief from active duty.  Therefore, it would be inappropriate to include them on his DD Form 214.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.   

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 deleting the current entry in item 14 of his DD Form 214 and adding the following entry:  "PRIMARY LEADERSHIP DEVELOPMENT COURSE  4 WEEKS  1986//U.S. NAVY SCUBA DIVERS COURSE  1986//NOTHING FOLLOWS."




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:

	a.  adding the Basic Infantryman Course, Basic Airborne Course, Jungle Warfare Training Course, and Ranger Course to item 14 of his DD Form 214;

	b.  adding the Certificate of Appreciation from the Garrison Command at CSC Cedar II, Iraq and the certificate showing award of the American flag that was flown over the Garrison Command at CSC Cedar II to item 13 of his DD Form 214; and

	c.  adding any tasks for which he may receive credits from a major university.

3.  The above actions in no way diminish the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100018163



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ABCMR Record of Proceedings (cont)                                         AR20100018163



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