IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028114
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, 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) be corrected to show the Army Achievement Medal and certificates of achievement; and item 14 (Military Education) be corrected to show he completed the Unit Armorer Course, a foreign weapons course, and the Tropic Lightning Fighters Course.
2. The applicant states:
* His DD Form 214 only reflects the papers he showed at California when exiting the Army
* His DD Form 214 does not show schools such as "armory" and foreign weapons
3. The applicant provides:
* DD Form 215 (Correction to DD Form 214)
* Orders and an award certificate for the Army Achievement Medal
* Two certificates of achievement
* Certificate of training
* Award certificate for the Good Conduct Medal
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 18 February 1986. He completed his training and was awarded military occupational specialty 11B (infantryman). On 23 March 1989, he was released from active duty.
3. Item 13 of his DD Form 214 shows the Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards. Item 14 shows the entry "NA//NOTHING FOLLOWS."
4. He provided a certificate of training which shows he completed the 40-hour Tropic Lightning Fighters Course on 11 July 1986.
5. A certificate of training shows he completed the 80-hour Unit Armorer's Course on 25 March 1988.
6. A certificate of training shows he completed the 40-hour Opposing Forces Weapons Course on 26 August 1988.
7. Permanent orders, dated 13 March 1989, show he received the Army Achievement Medal.
8. 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. It states that only decorations, medals, and ribbons are listed on the DD Form 214. Certificates of achievement, letters of appreciation, and similar documents are not listed. It also states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by 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 show he received the Army Achievement Medal. His DD Form 214 should be corrected to show this medal.
2. The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214. Therefore, there is no basis for granting his request to show certificates of achievement on his DD Form 214.
3. Evidence shows he completed the 40-hour Tropic Lightning Fighters Course in 1986 and the 40-hour Opposing Forces Weapons Course in 1988. However, the governing regulation states training courses for combat skills will not be listed on the DD Form 214. Therefore, there is no basis for granting his request to show these courses on his DD Form 214.
4. Evidence shows he completed the 80-hour Unit Armorer's Course on
25 March 1988. Therefore, his DD Form 214 should be corrected accordingly.
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:
a. adding the Army Achievement Medal to item 13 of his DD Form 214; and
b. adding to item 14 of his DD Form 214 the entry "Unit Armorer's Course,
2 Weeks, 1988."
2. The Board further determined that 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 his DD Form 214 to show certificates of achievement or that he completed combat skills courses (Tropic Lightning Fighters Course or Opposing Forces Weapons Course).
_______ _ _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) AR20100028114
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ABCMR Record of Proceedings (cont) AR20100028114
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