IN THE CASE OF:	   

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009860 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and to show she attended schooling for food service instead of law enforcement.

2.  She states that she was awarded the Army Achievement Medal while stationed at Fort Hood, TX and it is not included on her DD Form 214.  She also states the incorrect course is shown on her DD Form 214.  She needs her
DD Form 214 corrected because she is seeking employment.

3.  She provides a copy of her 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 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 26 September 1985 for a period of 4 years.  She enlisted for military occupational specialty (MOS) 94B (food service specialist).

3.  She successfully completed the 7-week Food Service Specialist Course as confirmed by Orders 007-525, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 7 January 1986, awarding her MOS 94B effective
12 February 1986.

4.  There is no evidence of record and she did not provide any evidence that shows she was awarded the Army Achievement Medal during her period of service.

5.  She was administratively discharged on 9 December 1993.  The DD Form 214 she was issued at the time shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Badge with Rifle Bar (M-16)

	b.  Item 14 (Military Education) the entry "Law Enforcement, 7 Wks, Feb 86."

6.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed 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.  The regulation stated for:

	a.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; each entry will be verified by the Soldier’s records.

	b.  Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; include the title, length in weeks (1 week or more), and month and year completed.  The information is to assist the Soldier in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant successfully completed the
7- week Food Service Specialist Course in February 1986 and as a result, she was awarded MOS 94B.  It appears an administrative error occurred when completing Item 14 of her DD Form 214.  Therefore, her DD Form 214 should be corrected to show she completed the Food Service Specialist Course instead of the Law Enforcement course currently shown.

2.  With respect to the Army Achievement Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal. Her service records give no indication she was recommended for or awarded the Army Achievement Medal during her period of service.  Therefore, there is an insufficient evidentiary basis for adding an Army Achievement Medal to her
DD Form 214.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 deleting from Item 14 of the applicant's DD Form 214 the entry "Law Enforcement, 7 weeks, February 1986" and replacing it with the entry "Food Service Specialist Course, 7 weeks, February 1986."

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 adding an Army Achievement Medal to her DD Form 214.



      ___________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)                                         AR20110009860



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ABCMR Record of Proceedings (cont)                                         AR20110009860



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