BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022249
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) for the period ending 18 July 1986 to show award of the Army Commendation Medal (ARCOM) and a second Army Achievement Medal (AAM). He also requests the Special Forces Operations and Infantry Weapons Specialist Courses be added to his DD Form 214.
2. The applicant states the awards came 6 months after he was released from the Army.
3. The applicant provides his DD Form 214, ARCOM order with certificate, two AAM orders with certificates, and correspondence course completion notices.
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. After having had prior service, the applicant enlisted in the Regular Army on 20 September 1983. He completed initial entry training and he was awarded military occupational specialty 16D (hawk missile crewmember). The highest rank/grade he held was specialist four (SP4)/E-4.
3. Headquarters, 94th Air Defense Artillery Brigade, Permanent Orders 91-3, dated 28 November 1984, awarded him the AAM for meritorious achievement for the period 3 September through 20 October 1984.
4. Headquarters, 3rd Battalion, 59th Air Defense Artillery, Permanent Orders
11-8, dated 17 July 1986, awarded him the second AAM for meritorious achievement for the period 23 through 26 March 1986.
5. Headquarters, 94th Air Defense Artillery Brigade, Permanent Orders 47-2, dated 19 August 1986, awarded him the ARCOM for meritorious service for the period 16 December 1983 through 19 July 1986.
6. The applicant provided copies of Army Training Support Center (ATSC) Forms 157 (Data Mailer) showing correspondence course (non-resident) completion of the Special Forces Operations Course in 1984 and the Infantry Weapons Specialist Course in 1980.
7. He was honorably released from active duty on 18 July 1986 and he was transferred to a U.S. Army Reserve unit. He completed 2 years, 9 months, and 29 days of net active service this period. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* AAM
* Army Lapel Button
* Army Good Conduct Medal
* Driver and Mechanic Badge with Driver "W" Bar
Item 14 (Military Education) shows the entry "None."
8. 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 establishes standardized policy for preparing and distributing the DD Form 214. It states for item 14, from the Soldier's records, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. (As an exception to policy, list Command and General Staff College and Senior Service Colleges completed by correspondence course). 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. Permanent orders awarded the applicant two AAMs and an ARCOM. Therefore, his DD Form 214 should be corrected to show award of the ARCOM and two awards of the AAM.
2. The Special Forces Operations and Infantry Weapons Specialist Courses completion notices provided by the applicant are for nonresident combat-related training. Only in-service (full-time attendance) training for noncombat-related courses are authorized to be entered on the DD Form 214. Therefore there is no basis for granting this portion of the applicant's request.
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 item 13 of his DD Form 214 for the period ending 18 July 1986 the Army Achievement Medal; and
b. adding to item 13 of his DD Form 214 for the period ending 18 July 1986 the Army Commendation Medal and the Army Achievement Medal (2d Award).
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 the Special Forces Operations and Infantry Weapons Specialist Courses to item 14 of his
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) AR20100022249
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ABCMR Record of Proceedings (cont) AR20100022249
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