IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100023932
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 June 2003 be corrected to show the Army Achievement Medal with First Oak Leaf Cluster instead of the Army Achievement Medal. He also requests item 14 (Military Education) of this DD Form 214 be corrected to show he completed the Primary Leadership Development Course (PLDC) and German Headstart Course.
2. The applicant states:
* mistakes were made by the person entering data on his DD Form 214 in June 2003
* he attended both classes and they should be entered on his last DD Form 214
3. The applicant provides:
* DD Forms 214 for the periods ending 6 November 1991 and 3 June 2003
* orders for the Army Achievement Medal with 1st Oak Leaf Cluster, dated 16 January 1990
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. Having prior active service in the Regular Army (RA) and inactive service in the U.S. Army Reserve, he enlisted in the RA on 21 July 1981. He remained on active duty through continuous reenlistments. On 6 November 1991, he was honorably discharged.
3. Item 13 of his DD Form 214 for the period ending 6 November 1991 shows the Army Achievement Medal as an authorized award. Item 14 of this DD Form 214 shows he completed the 4-week PLDC in 1982 and the 1-week German Headstart Course in 1987.
4. Orders, dated 16 January 1990, show he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster.
5. Having prior inactive service in the Army National Guard, he enlisted in the Army National Guard on 25 September 2001. He was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom. On 3 June 2003, he was released from active duty.
6. Item 13 of his DD Form 214 for the period ending 3 June 2003 shows the Army Achievement Medal as an authorized award.
7. Army Regulation 635-5 (Separation Documents) 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. The regulation states that item 14 will list in-service training courses by title, number of weeks, and year successfully completed during this period of service.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster on 16 January 1990. His DD Forms 214 for the periods ending 6 November 1991 and 3 June 2003 should be corrected to show this medal.
2. Since the governing regulation states item 14 will list in-service training courses successfully completed during the period of service covered, there is no basis for granting his request to amend item 14 of his DD Form 214 for the period ending 3 June 2003 to show courses he completed prior to his entry on active duty on 10 February 2003. The 1982 PLDC and 1987 German Headstart Course are properly shown in item 14 of his DD Form 214 for the period ending 6 November 1991.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the entry "ARMY ACHIEVEMENT MEDAL" from item 13 of his DD Form 214 for the period ending 6 November 1991 and replacing it with the entry "ARMY ACHIEVEMENT MEDAL (2ND AWARD)" and
b. deleting the entry "ARMY ACHIEVEMENT MEDAL" from item 13 of his DD Form 214 for the period ending 3 June 2003 and replacing it with the entry "ARMY ACHIEVEMENT MEDAL (2ND AWARD)."
2. The Board further determined 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 amending item 14 of his DD Form 214 for the period ending 3 June 2003.
_________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) AR20100023932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023932
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050007424C070206
The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2009 | 20090007509
The applicant provides his DD Form 214, dated 18 May 1998; two DD Forms 215 (Correction to DD Form 214); four certificates for completion of military training courses; four certificates for award of the Army Achievement Medal; two DA Forms 638-1 (Recommendation for Award); and orders for award of the Expert Infantry Badge (Silver). The available service record provides the following evidence concerning awards that should be included on the 1998 DD Form 214. a. For enlisted Soldiers with...
ARMY | BCMR | CY2007 | 20070008417
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 23 May 1995 to show award of the Army Commendation Medal 3rd Oak Leaf Cluster with "V" Device, the Army Achievement Medal 3rd Oak Leaf Cluster, and item 11 (Primary Specialty) of his DD Form 214 to show the additional skill identifier (ASI) 11M20J300. There are no orders in his military records that show he was awarded an ASI after completion of the course. ...
ARMY | BCMR | CY2003 | 2003088732C070403
The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8...
ARMY | BCMR | CY2010 | 20100000426
On 1 November 2006, the Military Awards Branch issued a DD Form 215 correcting the applicant's 2004 DD Form 214 by adding to item 13 (Decorations, Medals, Badges), the Combat Action Badge, Iraq Campaign Medal, Global War on Terrorism Service Medal, Overseas Service Ribbon, and the Navy Unit Commendation Medal. The applicant's DA Form 2-1 (Personnel Qualification Record) provides the following; a. completion of the Primary Leadership Development Course (PLDC) in 2000; b. completion of the...
ARMY | BCMR | CY2005 | 20050009397C070206
Orders show he received the first award of the AAM for the period 9 January 1990 through 28 January 1990; the second award of the AAM for the period 15 July 1988 through 5 November 1991; and a third award of the AAM for the period 15 June 1988 through 15 December 1991. Although the evidence of record shows the applicant was awarded ASI "Q9," there is no evidence of record which shows he completed the Traffic Accident Investigation Course. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110019373
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * His foreign service in Kosovo, Afghanistan (two periods), and Iraq * All awards associated with his foreign service * Additional awards and certificates he received 2. Section VIII (Awards and Decorations) of his ERB shows the: * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Army...
ARMY | BCMR | CY1997 | 9709782
The applicant requests correction of his military records to reflect award of a third Army Achievement Medal and completion of the Combat Lifesavers Course and German Headstart. His DD Form 214 reflects award of only two Army Achievement Medals and does not reflect completion of either the German Headstart or Combat Lifesaver courses. The evidence confirms the applicant was awarded three Army Achievement Medals while on active duty although on two are reflected on his separation document.
ARMY | BCMR | CY1997 | 9709782C070209
The applicant requests correction of his military records to reflect award of a third Army Achievement Medal and completion of the Combat Lifesavers Course and German Headstart. His DD Form 214 reflects award of only two Army Achievement Medals and does not reflect completion of either the German Headstart or Combat Lifesaver courses. The evidence confirms the applicant was awarded three Army Achievement Medals while on active duty although on two are reflected on his separation document.
ARMY | BCMR | CY2012 | 20120009051
Therefore, his DD Form 214 for the period ending 31 March 1992 correctly shows the number of AAMs he is entitled to. With respect to additional awards of the ARCOM, evidence of record shows orders awarded him two awards of the ARCOM and his DD Form 214 shows these awards. As a result, the Board recommends denial of so much of the application that pertains to: * adding to additional awards of the AAM, ARCOM, and his appreciation and service certificates to his DD Form 214 * adding the...