IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100023171
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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:
* Award of the Army Achievement Medal (AAM) (2nd Oak Leaf Cluster (OLC))
* Service credit for unit activation in support of Operation Desert Storm
* Life Guard Training
* Emergency Field Medical Training
2. Additionally, he states his DD Form 214 shows he was released in March 1986.
3. He states, in effect, his DD Form 214 does not list all of his awards. He maintains he was awarded the AAM on three separate occasions and that his Michigan Army National Guard (MIARNG) unit was activated in support of Operation Desert Storm.
4. He provides the following orders from Headquarters, 2nd Armored Division, Fort Hood, TX:
* Order 39-90, dated 5 March 1986
* Order 74-105, dated 10 April 1986
* Order 96-36, dated 10 June 1986
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's DD Form 214 shows he served the Regular Army from
1 September 1982 to 30 June 1986. This service equals 3 years and 10 months and none of the service is shown as foreign service on his DD Form 214. It is unclear why the applicant stated that his DD Form 214 shows he was released from active duty in March 1986. Based on the available evidence no action is required by the Board; therefore, this issue will not be further discussed in this Record of Proceedings.
3. The applicant's DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All Periods of Service):
* Army Good Conduct Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
b. Item 14 (Military Education) "None."
4. Headquarters, 2nd Armored Division issued the following orders awarding the applicant the AAM:
a. Permanent Order 39-90, dated 5 March 1986, awarded him the AAM
(1st OLC) for the period of service from 20 January to 30 January 1986.
b. Permanent Order 96-36, dated 10 June 1986, awarded him the AAM (2nd OLC) for the period of service from 21 March to 5 April 1986.
5. The available records do not contain any evidence and the applicant did not provide any evidence to show he completed the life guard and field medical training courses.
6. He enlisted in the MIARNG on 29 September 1987.
7. There are no additional DD Forms 214 in his available records and no documentation that shows he was on active duty after 1986 or that his MIARNG unit was activated in support of Operation Desert Storm. Additionally, his name is not listed on the Gulf War roster.
8. Army Regulation 635-5 (Personnel Separations), establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214 in item 14 to 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. Orders confirm the applicant is entitled to correction of his DD Form 214 to show award of the AAM (2nd OLC).
2. The available evidence does not show he successfully completed a life guard or a field medical training course. Therefore, in the absence of evidence to support these contentions there is no basis for correction of his DD Form 214.
3. There is no evidence in his record and he has provided none to show he participated in support of Operation Desert Storm. In the absence of documentation to support this claim, there is no basis to approve his 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 adding to item 13 of his DD Form 214 the Army Achievement Medal (2nd OLC).
2. The Board further determined that the evidence presented was 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 correcting his DD Form 214 to show service credit for participation in Operation Desert Storm and credit for completion of the life guard and field medical training courses.
____________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) AR20100023171
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