IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100019963
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 her records to show a Certificate of Achievement, a Certificate of Appreciation, a Scroll of Appreciation, and basic combat training on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, the Certificate of Training for period 1 October to 29 November 2001 is shown on the DD Form 214. She adds the Certificate of Achievement, Certificate of Appreciation, the Scroll of Appreciation, and basic combat training are not shown on the DD Form 214.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty), a Certificate of Training for the Construction Equipment Operators Course, a Certificate of Achievement, a Basic Combat Training Course Diploma, a Scroll of Appreciation, and a Certificate of Appreciation. Photocopies of the following documents are also provided: a newspaper clipping, her driver license, Encounter Form (3 sheets), U.S. Army Reserve Command Orders 04-141-00603, DA Form 3349 (Physical Profile), Headquarters, 81st Regional Readiness Command form letter to Trainee, Transient, Holdee, and Student (TTHS) Soldiers, DA Form 7425 (Readiness and Deployment Checklist), DA Form 2173 (Statement of Medical Examination and Duty Status).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show she enlisted in the U.S. Army Reserve on 12 April 2001. She completed initial entry training, was awarded the military occupational specialty of heavy construction equipment operator. The highest rank/grade she held was specialist/pay grade E-4.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 issued for initial active duty training with a separation date of 30 November 2001 shows the Army Service Ribbon.
4. Headquarters, 81st Regional Readiness Command Orders 06-040-00055, dated 9 February 2006; show she was discharged from the U.S. Army Reserve on 9 February 2006.
5. The applicant provided:
* a Basic Combat Training Course Diploma, dated 4 October 2001
* a Certificate of Achievement, dated 29 November 2001
* a Certificate of Appreciation for Outstanding Participation During Operation New Horizon 2004
* a Scroll of Appreciation, dated 5 September 2003
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214. It prescribes that all awards and decorations for all periods of service will be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Certificates of achievement, certificates of appreciation, and scrolls of appreciation are not included in this list of entries.
7. Army Regulation 635-5 further prescribes to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. Basic combat training is a training course for combat skills. As such, it would not be appropriate to correct her DD Form 214 to show this training.
2. The Certificate of Achievement, Certificate of Appreciation, and the Scroll of Appreciation are not listed as awards or decorations for entry on the DD Form 214. As such, there is no basis for entering this information her DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100019963
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ABCMR Record of Proceedings (cont) AR20100019963
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