BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011871
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 DD Form 214 (Armed Forces of the United states report of Transfer or Discharge) be corrected to show his award of the Pershing Professional Certificate, the fact that he was a member of the NATO Strike Force and the injuries he sustained while on active duty.
2. The applicant states that he was awarded the Pershing Professional Certificate, he was a member of the NATO Strike Force and he sustained injuries while on active duty and none of these items are reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a copy of his Pershing Professional Certificate, and documents from the Department of Veteran Affairs (VA) related to compensation for injuries sustained on active duty.
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. The applicant was inducted on 11 October 1967 and was transferred to Fort Jackson, South Carolina to undergo his basic training and his advanced individual training as a radio teletype operator.
3. He completed his training and was transferred to Germany on 28 May 1968 and was assigned to Headquarters Battery, 1st Battalion, 81st Artillery Regiment.
He was awarded the Pershing Professional Certificate on 25 February 1969.
4. He departed Germany on 20 September 1969 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 21 September 1969. He had served 1 year, 11 months and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal and the National Defense Service Medal.
5. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. Additionally, there are no provisions for entering medical information or additional duty assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that his Pershing Professional Certificate, his being a member of the NATO Strike Force and his medical injuries should be entered on his DD Form 214 have been noted and found to lack merit.
2. The regulation governing the preparation of the DD Form 214 makes no provisions for entering such information on the DD Form 214 either then or now and there appears to be no basis to make such entries on his DD Form 214 at this time.
3. Therefore, since there are no provisions to accomplish what he is requesting and since such information is not entered on other Soldiers records, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X____ ___X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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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