BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110006820
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:
* Award of the Army Achievement Medal, Fort Ord, CA
* Voluntary Fulltime Border Patrol - Fulda, Germany
* Completion of the following training:
* Wire Guided Missile Training (TOW), Fort Knox, KY
* Motorcycle Scout Training, Fort Ord, CA
* RTO (Radio/Telephone Operator) training, Fort Ord, CA
2. The applicant states he does not understand why this information is not present with the minor things listed on his DD Form 214.
3. The applicant did not provide any 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 Regular Army on 22 February 1983. He completed basic combat and advanced individual training and he was awarded military occupational specialty 19D (Cavalry Scout).
3. He served in Germany with C Troop, 1st Squadron, 11th Armored Cavalry Regiment, from 29 June 1983 to 28 December 1984, and upon completion of his foreign service tour he was reassigned to the 2nd Squadron, 10th Air Cavalry, 7th Infantry Division, Fort Ord, CA.
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Achievement Medal and his records do not contain official orders awarding him this award.
5. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed the 14-week cavalry scout training course at Fort Knox, KY, in 1983 and the one-week Headstart German Course in Germany in 1983. No other training courses are listed. Additionally, his records do not contain any certificates, memoranda, diplomas, or any other documents showing completion of any other courses.
6. He was honorably released from active duty on 21 February 1986 and he was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years of creditable active service. This form also shows in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 14 (Military Education) - German Headstart, 1 week, 1983
7. 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. It states that item 13 shows all awards and decorations and is obtained from the Soldier's records. Item 14 shows the Soldier's military education and is obtained from the records; it 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. Combat skills not listed.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in his records and he did not provide evidence to show he was recommended for or awarded the Army Achievement Medal. In the absence of official orders, there is insufficient evidence to correct his DD Form 214 to show it.
2. With respect to his training, 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 his records and he did not provide any evidence that shows he successfully completed the requested courses or any training courses other than that already listed on his DD Form 214. Therefore, the available evidence is insufficient to support correcting his DD Form 214 to add any additional training.
3. With respect to his Voluntary Fulltime Border Patrol - Fulda, Germany, there is no provision to list such entry 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) AR20110006820
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ABCMR Record of Proceedings (cont) AR20110006820
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