IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024493 


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 documents be added to her official military personnel file (OMPF).

2.  The applicant states upon requesting her OMPF, many documents had not been sent for archiving.

3.  The applicant provides:

* DA Form 2-1 (Personnel Qualification Record)
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
* four DA Forms 1059 (Service School Academic Evaluation Report)
* Department of the Army Reserve Personnel (DARP) Form 249-2-E (Chronological Statement of Retirement Points)
* four orders
* three DA Forms 87 (Certificate of Training)
* memorandum
* two DA Forms 2496 (Disposition Form)
* DA Form 348 (Equipment Operator's Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 4187 (Personnel Action)
* DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty)
* four course completion certificates
* Certificate of Achievement


* Certificate of Promotion
* five School of Military Packaging Technology AMXMC-J Forms 38 (Record of Training Correspondence Courses)

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 records show she enlisted in the Regular Army on 29 December 1986 and she held military occupational specialty 71L (Administrative Specialist).

3.  She was honorably released from active duty on 28 December 1989 and she was transferred to the U.S. Army Reserve (USAR) 75th Maneuver Area Command, Houston, TX.  She completed 3 years of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Armament, Munitions, and Chemical Command Permanent Orders 94-1, dated 27 November 1989, awarded her the Army Commendation Medal for meritorious service from 25 May 1987 to 10 December 1989.

6.  USAR Personnel Center Permanent Orders 52-2, dated 16 April 1993, awarded her the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service for the period 29 December 1986 through 28 December 1989.

7.  She was honorably discharged from the USAR on 8 January 2002.

8.  Her OMPF is maintained in the interactive Personnel Electronic Records Management System (iPERMS).

9.  The applicant provides 32 various numbered and unnumbered documents/forms she requests to be added to her OMPF.  A review of her OMPF in iPERMS confirms the following documents/forms she provides are currently on file:

* DA Form 2-1, dated 8 April 1991
* DA Form 2166-7 for the period June through November 1991
* three DA Forms 1059 for the periods 8 through 15 June 1991, 10 through 23 July 1993, and 9 October 1993 through 13 March 1994
* USAR Personnel Center Permanent Orders 52-2
* DARP Form 249-2-E, 10 March 1995

10.  Her OMPF is devoid of the following documents/forms she provides:

* Headquarters, U.S. Army Training Center and Fort Jackson, 
Order 075-173, dated 20 April 1987
* DA Form 87, dated 24 September 1987
* Certificate of Achievement, dated 25 January 1988
* three course completion certificates, dated between 17 May 1988 and 10 March 1989
* two DA Forms 87, dated 17 November 1989
* Headquarters, 75th U.S. Army Maneuver Area Command, Orders 42-4, dated 31 May 1991
* DA Form 1059 for the period 8 February through 12 April 1992
* Headquarters, U.S. Army Armament, Munitions, and Chemical Command Permanent Orders 94-1
* Headquarters, 75th U.S. Army Maneuver Area Command, Orders 36-2, dated 19 May 1993

11.  In addition, 13 numbered/unnumbered documents/forms she provides are not authorized for filing in the OMPF in accordance with Army Regulation 
600-8-104 (Military Personnel Information Management/Record).

12.  Army Regulation 600-8-104 sets forth the basic authority for the filing of documents in a Soldier's OMPF.  Paragraph 1-19, states that only those documents, listed in this regulation will accompany or be filed in the OMPF.  Except for those documents listed as "minimum required" documents, personnel records need not contain a document simply because it is listed in this regulation.  If a document listed in one of the tables is prepared, however, it will be filed in the proper personnel record of the Soldier concerned.  Unless directed in this regulation, only one copy of a document will be filed in a military personnel record.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal and the Army Good Conduct Medal (1st Award) which are not shown on her DD Form 214.  Although she did not specifically request it, she is entitled to correction of her DD Form 214 to show these awards.  Therefore, in the interests of fairness, it would be appropriate to correct her records to show these awards.

2.  The evidence of record confirms her record is devoid of 10 documents/forms that are authorized for filing in the OMPF.  Therefore, she is entitled to correction of her records to add these documents/forms to her OMPF.

3.  The following documents/forms are filed in her OMPF.  Therefore, there is no need to add these documents:

* DA Form 2-1
* DA Form 2166-7 for the period June through November 1991
* three DA Forms 1059 for the periods 8 through 15 June 1991, 10 through 23 July 1993, and 9 October 1993 through 13 March 1994 
* USAR Personnel Center Permanent Orders 52-2
* DARP Form 249-2-E

4.  The following documents/forms are not authorized for filing in the OMPF.  Therefore, she is not entitled to the requested relief with respect to these documents/forms:

* memorandum, dated 14 February 1986
* DA Form 348, dated 2 September 1987
* DA Form 4187,14 January 1988
* DA Form 873, 18 February 1988
* Certificate of Promotion, dated 1 February 1988
* two DA Forms 2496,dated 14 April and 1 June 1988
* five AMXMC-J Forms 38, dated from 15 April to 9 June 1988
* DA Form 1811, 28 December 1989



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.  adding to item 13 of her DD Form 214 the Army Commendation Medal and the Army Good Conduct Medal (1st Award) and

	b.  directing that U.S. Army Human Resources Command add the following documents/forms to the applicant's OMPF in iPERMS:

* Headquarters, U.S. Army Training Center and Fort Jackson, 
Order 075-173, dated 20 April 1987
* Certificate of Achievement, dated 25 January 1988
* three course completion certificates, dated between 17 May 1988 and 10 March 1989
* three DA Forms 87, dated 24 September 1987 and 17 November 1989
* Headquarters, U.S. Army Armament, Munitions, and Chemical Command, Permanent Orders 94-1, dated 27 November1989
* Headquarters, 75th U.S. Army Maneuver Area Command, Orders 42-4, dated 31 May 1991
* DA Form 1059 for the period 8 February through 12 April 1992
* Headquarters, 75th U.S. Army Maneuver Area Command, Orders 36-2, dated 19 May 1993

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 adding the following documents to her OMPF:

* memorandum
* DA Form 348
* DA Form 4187
* DA Form 873
* Certificate of Achievement
* Certificate of Promotion
* two DA Forms 2496
* five AMXMC-J Forms 38
* three course completion certificates
* DA Form 1811



      __________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)                                         AR20100024493



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ABCMR Record of Proceedings (cont)                                         AR20100024493



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