IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100025476
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 that his certificates of achievement and letters of commendation be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received three certificates of achievement and letters of commendation for his actions and duties as a class leader and honor graduate of Class 175 during his initial active duty for training (IADT) in 1992. He also asks for clarification as to why he did not receive either an updated or second DD Form 214 to reflect his additional 7 1/2 years of service in the U.S. Army Reserve (USAR).
3. The applicant provides no additional evidence.
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 enlisted in the USAR on 18 December 1991 and served on IADT from 1 April through 29 August 1992 with service in a USAR troop program unit until 17 December 1999.
3. During his period of IADT, the applicant was awarded the National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The available records do not contain copies of the certificates of achievement and letters of commendation the applicant requests be added to his DD Form 214.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
b. A DD Form 214 is issued to a Reserve Component Soldier upon completing 90 days or more of continuous active duty for training; IADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days; and temporary tours of active duty or other periods of Federal service in excess of 30 days.
c. Only those awards and decorations listed by order of precedence in Army Regulation 600-8-22 (Military Awards) and verified by the Soldier's records are to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he received three certificates of achievement and letters of commendation for his actions and duties as a class leader and honor graduate of Class 175 during IADT in 1992. He also asks for clarification as to why he did not receive either an updated or a second DD Form 214 to reflect his additional 7 1/2 years of service in the USAR.
2. Letters and certificates of achievement and/or commendation are not awards or decorations as defined in Army Regulation 600-8-22 and as such they are not authorized entries on the DD Form 214.
3. A DD Form 214 is issued only to record Soldiers' periods on active duty under specified situations and durations. There is no form of a similar nature to reflect a USAR Soldier's service or awards.
4. Based on the above facts no correction to the applicant's records is warranted.
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 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.
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