BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110012091 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), item 14 (Military Education), and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected and issuance of a complete, signed, notarized copy of this document.

2.  The applicant states:

   a.  the Meritorious Service Medal (MSM) awarded him in January 1999 should be added to item 13 of his DD Form 214;
   
   b.  the following entries should be added to item 14 of his DD Form 214:
   
* Money Laundering and Asset Forfeiture Training (December 1997)
* Advanced Techniques in Evidence and Property Management (April 1997)
* Interview and Interrogations (August 1997)
* Military Police Advanced Noncommissioned Officer's Course (ANCOC)
(June 1996)
* Managing Criminal Investigators and Investigations (March 1996)
* Motor Vehicle Safety Performance (March 1996)
* Domestic Violence Intervention Training (December 1995)
* Equal Opportunity (EO) Leaders Course (December 1993)
* Narcotic Officers Seminar (October 1985)
* Narcotics Officers Seminar (October 1984)
* Seventh U. S. Army Noncommissioned Officer's Academy (NCOA) (August 1981)
* Physical Security Company Guard NATO (October 1980)
* Equal Opportunity Orientation Seminar (July 1979)

c.  incorrect end dates listed on his DD Form 214 should be corrected; and

   d.  he exhausted all channels in attempting to locate page 2 and/or the continuation page of his DD Form 214, and as a result, issuance of a complete, signed, and notarized copy of this document be granted.

3.  The applicant provides a self-authored statement and an indexed list of
25 enclosures.

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 military records show he initially enlisted in the Regular Army on 26 January 1979.  He was trained in, awarded, and served in MOS 95B (Military Police).

3.  His DA Form 2-1 (Personnel Qualification Record) includes entries which show the applicant attended the following military training courses, the duration of those courses, and the year in which he completed them:

* PLC/4 weeks/1981 - (NCOA)
* ANCOC/11 weeks/1996 - (Ft McClellan, Alabama)
* Domestic Violence Intervention/1 week/1995 - (Ft McClellan, Alabama)
* Equal Opportunity Course/2 weeks/1994 - (Schofield Barracks, Hawaii)


4.  The applicant's official military personnel file (OMPF) contains a 
DA Form 1059 (Service School Academic Evaluation Report) dated 14 August 1981.  It shows he attended and achieved course standards in the Primary Leadership Course (PLC) during the period 17 July - 14 August 1981.

5.  His OMPF contains an MSM certificate awarded to him for meritorious service during the period 1 February 1998 to 31 January 1999 in Military District of Washington, Permanent Orders Number 006-002 dated 6 January 1999.

6.  On 31 January 1999, the applicant was honorably retired from active duty after completing 20 years and 5 days of creditable active military service.  The DD Form 214 issued at that time shows:

   a.  item 13 - no listing of the MSM
   
   b.  item 14 -

* Law Enforcement/8 weeks/June 1979
* Primary Leadership Development Course/ 4 weeks/June 1981
* Military Police Investigations/4 weeks/ November 1981
* Platoon Confidence Training/2 weeks/ December 1981
* Terrorist and Hostage Negotiations/1 week/April 1983
* Basic Noncommissioned Officers Course/6 weeks/January 1986
* Battalion Logistics Management/1//CONT IN BLOCK 18

c.  item 18 - includes

* CONT FROM BLOCK 14:  week/February 1989
* Army Effective Writing/2 weeks/April 1989
* Alcohol and Drug Coordinator/1 week/September 1989
* Conventional Physical Security/2 weeks/January 1993
* Equal//SEE ATTACHED CONTINUATION SHEET

7.  The applicant's OMPF does not include the second or continuation page of his DD Form 214.

8.  The applicant provides multiple certificates of training and achievement which show his completion of civilian and military education courses and gives recognition and honor to some of his duty performance throughout his military service.  He provides a certificate which shows he completed Military Police ANCOC on 25 June 1996, the Domestic Violence Course on 8 December 1995, and the Equal Opportunity Leaders Course on 10 December 1993.
9.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Paragraph 2-4h(13) states to list awards and decorations for all periods of service in priority, as listed in the Army’s awards regulation, which does not include Certificates of Achievement.

   b.  Paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14, in weeks.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.
   
   c.  Paragraph 2-4h(18) will include a continuation for blocks, 11, 13, and 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 13, 14, and 18 of his DD Form 214 should be correctly completed and authorization be given to issue him a signed notarized copy of this document.

2.  The evidence of record confirms the applicant was awarded the MSM on 6 January 1999, and this award was properly announced and authorized in permanent orders.  Therefore, it would appropriate to add the MSM to the list of awards contained in Item 13 of his DD Form 214.

3.  The evidence of record confirms the applicant completed ANCOC, Domestic Violence Intervention Training, and the Equal Opportunity Training courses during his active duty service.  These three courses are not currently listed or fully indentified on his DD Form 214 because his military education as listed in item 14 and continued in item18 of this document, is further continued to a second or separate page.  However, the second page to his DD Form 214 is not included in OMPF.  Therefore, an additional document should be issued showing these three courses in item 14 of his DD Form 214.

4.  The evidence in this case confirms the applicant completed the 4-week PLC in August 1981, as indicated by the DA Form 1059 on file.  The entry in his DA Form 2-1 shows he completed PLC in 1981.  Item 14 of his DD Form 214 shows he completed this course in June 1981, thereby corroborating his claim that "end dates" are incorrectly shown on his DD Form 214.  Accordingly, item 14 of his DD Form 214 should be corrected to show he completed the 4-week PLC in August 1981.

5.  The applicant provides evidence to show he completed the Money Laundering and Asset Forfeiture Training; Adv. Techniques in Evidence and Property Management; Interview and Interrogations; and the Managing Criminal Investigators and Investigations courses.  None of these courses are formal "in-service" courses of 1 week or more in duration.  Therefore, they do not satisfy the regulatory criteria for entry on the DD Form 214.

6.  Commanders may recognize periods of faithful service, acts, achievements, or duty performance, which do not meet the standards required for decorations by issuing to Soldiers Certificates of Training, Achievement, and/or Appreciation, some of local design.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  These certificates, however, are not annotated on the DD Form 214. Therefore, the applicant is not entitled to correction of his records to show the certificates he received for attending the Narcotics Seminars in 1984 and 1985, Equal Opportunity Seminar in 1979, his Motor Vehicle Safety Performance in 1996, or Physical Security Company Guard Force NATO performance in 1980.

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 amending his 31 January 1999 DD Form 214 by:

   a.  item 13 - adding the Meritorious Service Medal;
   
   b.  item 14 - deleting the Primary Leadership Development Course, 4 weeks, Jun 1981 and adding the following courses:
   
* Primary Leadership Course, 4 weeks, August 1981
* Advanced Noncommissioned Officer's Course/11 weeks/ June 1996 
* Domestic Violence Intervention/1 week/December 1995
* Equal Opportunity Course/2 weeks/December 1993

   c.  item 18 - an additional page to his DD Form 214 be issued to show the continuations in items 13 and 14 as indicated immediately above and the applicant provided a notarized and signed copy of this document.
   
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 adding the following courses or certificates to item 14 of his DD Form 214:

* Asset Forfeiture Training
* Advanced Techniques in Evidence and Property Management
* Interview and Interrogations
* Managing Criminal Investigators and Investigations
* Narcotics Seminars -1984
* Narcotics Seminars - 1985
* Equal Opportunity Seminar - 1979
* Motor Vehicle Safety Performance in 1996
* Physical Security Company Guard Force NATO





      _______ _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)                                         AR20110012091





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ABCMR Record of Proceedings (cont)                                         AR20110012091



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