BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015570
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:
a. his service in Honduras and Germany;
b. he completed SRT [Special Reaction Team] training; and
c. he was a member of the M-60 machinegun team.
2. The applicant states:
* His DD Form 214 is not complete
* His tours of duty in Honduras or Germany are not shown
* There is no record of SRT training or that he was a member of the M-60 machinegun team
* He was rushed out of the Army before his 3-year enlistment
* He was forced to resign after failing a drug test upon his return from Honduras
* He spent 3 days in a psychiatric ward
* He suffers from Post Traumatic Stress Disorder because of his tour in Honduras
* He cannot get treatment
3. The applicant provides:
* Letter, dated 19 July 2011, from the Department of Veterans Affairs (DVA)
* Medical record, dated 31 October 1986
* Photograph of himself in Honduras
* DVA card
* Service medical records, dated 1986
* Award certificate for the Army Achievement Medal
* Certificate of achievement
* DD Form 214
* Page 4 of his separation packet
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 enlisted in the Regular Army on 28 December 1983. He completed his training and was awarded military occupational specialty 95B (military police). On 30 December 1986, he was discharged under honorable conditions for misconduct.
3. Item 12f (Foreign Service) of his DD Form 214 shows no foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show a marksmanship qualification badge with machinegun bar as an authorized award. Item 14 (Military Education) shows he completed the 16-week law enforcement course in 1984.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) is blank. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 does not show entitlement to a marksmanship qualification badge with machinegun bar.
5. He provided an award certificate for the Army Achievement Medal and a certificate of achievement which state he was deployed to the Federal Republic of Germany during Reforger in 1984.
6. He provided a medical record, dated 31 October 1986, which indicates he served in Honduras.
7. There is no evidence which shows he completed SRT training.
8. There are no orders which show he was awarded a marksmanship qualification badge with machinegun bar.
9. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting his request to show his service in Honduras and Germany on his DD Form 214.
2. There is no evidence of record and the applicant did not provide any evidence which shows he completed SRT training. Therefore, there is insufficient evidence on which to add this training to his DD Form 214.
3. Although he contends he was a member of the M-60 machine gun team, there is no evidence to support this contention. There are no orders which show he received a marksmanship qualification badge with the machinegun bar.
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) AR20110015570
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ABCMR Record of Proceedings (cont) AR20110015570
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