BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023624 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add:

   a.  the secondary military occupational specialty (SMOS) of 14D (Patriot Missile Crew Chief – 1984); and

   b.  his Army Achievement Medal (AAM).
   
2.  The applicant also requests:

   a.  his rank and pay grade be changed from private first class, pay grade E-3 to sergeant, pay grade E-5;
   
   b.  he be issued an Honorable Discharge Certificate, Army Good Conduct Medal Certificate, Retired Certificate, Cold War Certificate, and AAM Certificate; and
   
   c.  his DD Form 214 be corrected to show he was separated from the Army on 21 June 1989.

3.  The applicant states he has documents to show that he was a specialist, pay grade E-4 at the time of his retirement.  However, he wants his DD Form 214 corrected to show his highest grade, pay grade E-5, because he earned it.

4.  As for the SMOS, he states that he was one of the Soldiers who were selected to change MOS's from 16D (Hawk Missile Crew Member) to 14D.

5.  The applicant explains that his DD Form 214 shows he was separated on 13 October 1987, the orders discharging him from the Temporary Disability Retired List (TDRL) show he wasn't discharged until 21 June 1989.

6.  The applicant provides his DD Form 214; a certificate of achievement dated 15 October 1984; a certificate of promotion to the rank of sergeant; Orders DAPC-PDT-A dated 22 September 1987; Orders D119-29 dated 21 June 1989; a letter dated 5 February 1988; Letter Orders 3-176 dated 12 January 1989; and documents commending the applicant's performance in the Army.

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.  Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to:

	Commander, U.S. Army Human Resources Command
Cold War Recognition Program
ATTN: AHRC-CWRS
1600 Spearhead Division Avenue
Fort Knox, KY 40122
Therefore, this portion of the applicant's request will not be further discussed in these Proceedings.

3.  The applicant’s military records show that he enlisted in the Regular Army on 22 October 1980, was awarded the military occupational specialty of 16D (Hawk Missile Crewmember), and was promoted to the rank of sergeant.

4.  On 14 August 1986, the applicant was convicted by a special court-martial.  His sentence included a reduction from pay grade E-5 to pay grade E-3.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record), Block 18 (Appointments and Reductions) shows his reduction from sergeant to PFC effective 14 August 1986.  There are no orders in the applicant's records or entries on his DA Form 2-1 showing he was promoted back to pay grade E-4.  Block 6 of this form, Military Occupational Specialties, has 16D, Hawk Missile Crew Member entered.  There are no orders in the applicant's records or entries on his DA Form 2-1 showing he was awarded MOS 14D.

6.  On 13 October 1987, the applicant was honorably released from active duty and placed on the TDRL.  The DD Form 214 he was issued shows him in the rank of PFC, pay grade E-3.  Orders D185-15 dated 22 September 1987 placed him on the TDRL in the retired grade of E-3.

7.  On 21 June 1989, orders were issued discharging the applicant from the TDRL for physical unfitness.

8.  There are no orders in the applicant's records or entries on his DA Form 2-1 showing he was awarded the AAM.

9.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more.  This regulation prohibits the issuance of a DD Form 214 to personnel being removed from the TDRL.

10.  Army Regulation 635-200 (Personnel Separations) defined active duty as full time duty in the active military service of the United States which includes active duty for training.

11.  Army Regulation 635-5 (Separation Documents) provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.   This regulation also states that you enter the rank and pay grade held by a Soldier on the day of separation.

12.  Army Regulation 635-5, paragraph 2–10, states that DD Forms 256A (Honorable Discharge Certificates) and DD Form 257A (General Discharge Certificates) will be issued to all soldiers receiving an honorable or general discharge.  The regulation also states that DD Forms 363A (Certificate of Retirement) is issued to all retiring soldiers, except those on the TDRL, Army of the United States, Army National Guard, or on Full Time National Guard Duty.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have received training in MOS 14D, there is no evidence that the applicant was awarded that MOS.  As such, there is insufficient evidence in which to add this MOS to his DD Form 214.

2.  As for adding his AAM, it would appear from the certificate submitted by the applicant that he is referring to his certificate of achievement, which is not listed on a DD Form 214 in accordance with Army regulations.

3.  While the applicant earned his promotion to pay grade E-5, he was reduced to pay grade E-3 as part of the sentence of a special court-martial.  There is no evidence that he was ever promoted back to pay grade E-4.  As such, his DD Form 214 correctly shows his rank as PFC, pay grade E-3.  Any documents which show his rank as specialist (pay grade E-4) after his court-martial are assumed to have the wrong rank entered.

4.  It must be presumed that the applicant was issued an Honorable Discharge Certificate and there are no provisions to issue replacement certificates.  The applicant provides a copy of his Good Conduct Medal Certificate so this issue is not further discussed.  A Retired Certificate is not provided to individuals transferred to the TDRL so he was properly not issued such a certificate.

5.  The applicant was released from active duty on 13 October 1987 and issued a DD Form 214.  From 14 October 1987 to 21 June 1989 the applicant was on the TDRL, which is not active duty.  As such, his DD Form 214 correctly shows that he was released from active duty on 13 October 1987.
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)                                         AR20100023624





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ABCMR Record of Proceedings (cont)                                         AR20100023624



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