IN THE CASE OF:	  

		BOARD DATE:	    14 June 2011

		DOCKET NUMBER:  AR20100028763 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: 

* she received a letter of commendation recognizing her efforts during the Cuban Resettlement Program
* completion of Traffic School (now known as the Traffic Management and Accident Investigation Course) in Vilseck, Germany

2.  The applicant states she would like her records to reflect her training in Traffic School and her experience/dedication during the Cuban Resettlement Program.

3.  The applicant provides page 4 of her 4-page DA Form 2-1 (Personnel Qualification Record) and a letter of commendation.

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 30 June 1980.  She completed basic combat and advanced individual training and she was awarded military occupational specialty 95B (Military Police).  

3.  She was subsequently reassigned to the 7th and 571st Military Police Companies, Fort Ord, CA, from on or about 1 July 1980 to 23 October 1981.  

4.  On 4 November 1980, she received a letter of commendation in recognition of her exceptional performance while deployed to Fort Chaffee, AR, to assist in the Cuban Resettlement Program from 2 August to 4 November 1980.

5.  She also served in Germany with the 529th Military Police Company from 27 November 1981 to 20 June 1983.  Upon arrival in Germany, she completed the one-week Headstart Course. 

6.  On 21 June 1983, she was honorably released from active and transferred to the U.S. Army Reserve, in the rank of private first class/E-3, to complete her remaining service obligation.  The DD Form 214 she was issued shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, Marksman Marksmanship Qualification Badge with Pistol Bars (.45 caliber and .38 caliber), Army Service Ribbon, and Overseas Service Ribbon; and 

	b.  Item 14 (Military Education) shows she completed the 14-week Military Police Course in June 1980 and the 1-week German Headstart Course in 1981. 

7.  Item 17 (Civilian Education and Military Schools) of her DA Form 2-1 shows completion of the Military Police and German Headstart courses; it does not show any other courses.  

8.  The applicant's available record does not contain a certificate of training or any other evidence that shows she completed "Traffic School." 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated item 14 shows the Soldier's military education and is obtained from the records and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show:

* she received a letter of commendation recognizing her efforts during the Cuban Resettlement Program
* completion of Traffic School

2.  Item 14 of the applicant's DD Form 214 lists formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  There is no evidence in her records and she did not provide any evidence that shows she successfully completed "Traffic School" or any training courses other than those already listed on her DD Form 214.  Therefore, the available evidence is insufficient to support correcting her DD Form 214 to any additional training. 

3.  With respect to the letter of commendation, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate of achievement or commendation of local design or a letter of commendation.  Although copies of certificates of achievement or commendation are filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or letter of commendation and there is no provision to list such certificates or letters on the DD Form 214.

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)                                         AR20100028763



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ABCMR Record of Proceedings (cont)                                         AR20100028763



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