IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017557


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:  

* amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add 2 Certificates of Achievement
* amend item 14 (Military Education) to add the Basic Airborne Course, Prescribed Load List (PLL) Course, Junior Enlisted Development Course, and the Driver Training Program

2.  The applicant states the identified training courses were omitted from his    DD Form 214 at the time of his discharge and need to be added.  

3.  The applicant provides:

* DD Form 214
* Fort Benning, GA (FB) U.S. Army Infantry School (USAIS) Form 99 (Airborne Course Diploma), dated 15 September 1983
* DA Form 87 (Certificate of Training), PLL Course, 10 September 1984 through 28 September 1984 (120 hours)
* DA Form 87, Junior Enlisted Development Course, 7 March 1986 through 21 March 1986 (117 hours)
* DA Form 87, Driver Training Program, undated (40 hours)
* 2 DA Forms 2442 (Certificate of Achievement), dated 14 February 1984 and 6 February 1986 

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 16 March 1983.  He completed training and was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).  He later completed additional MOS training and was awarded MOS 52B (Power Generation Equipment Repairer).  Upon completion of initial MOS training he was reassigned to Fort Bragg, NC.

3.  Permanent Orders 171-3, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 12 September 1983, awarded him the Parachutist Badge upon completion of the Basic Airborne Course, effective 16 September 1983.

4.  On 31 August 1990, he was honorably discharged from the Army.  His        DD Form 214 shows he completed 7 years, 5 months, and 16 days of net active service during this period of active duty.  This form contains the following noted entries:

   a. Item 13 shows he was awarded the:

* Army Good Conduct Medal
* Army Achievement Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

b. Item 14 shows he completed the:

* Light Wheeled Vehicle Mechanic Course, 11 weeks (wks), 1983
* Power Generation Equipment Repairer Course, 11 wks, 1987 

5.  He provides his Airborne Course Diploma, 3 DA Forms 87 that show he completed the PLL Course, Junior Enlisted Development Course, and the Driver Training Program, and 2 Certificates of Achievement.

6.  Army Regulation 672-5-1 (Military Awards), the governing regulation in effect at the time, prescribed the Army policy, criteria, and administrative instructions concerning individual military decorations, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges, and tabs and unit decorations.  It stated that Commanders could recognize periods of faithful service, acts, or achievements which did not meet the standards required for decorations by issuing to individual United States military personnel a         DA Form 2442 (Certificate of Achievement), or a Certificate of Achievement of local design.  It further stated that the citation on such certificates would not be worded so that the act or service performed appeared to warrant the award of a decoration, and no distinguishing device was authorized for wear to indicate the receipt of a Certificate of Achievement. 

7.  Army Regulation 635-5 (Separation Documents) prescribes 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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-4h(14) states that Item 14 of the DD Form 214 is used to document formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Entries will include the title, length in weeks, and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to accurately reflect the military training he completed during his period of active service.  

2.  The evidence of record shows he completed the Basic Airborne Course and was awarded the Parachutist Badge during his period of active duty, neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to add the Parachutist Badge and to reflect his completion of the Basic Airborne Course.

3.  The evidence of record shows he completed the PLL Course and the Junior Enlisted Development Course, neither of which are reflected on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to reflect his completion of these courses.
4.  The evidence of record further shows he completed the Driver Training Program, which is not shown on his DD Form 214.  Although his Certificate of Training is undated, it would not be unreasonable to assume he completed this course upon his arrival to Fort Bragg, NC, as part of his organizational in-processing.  Accordingly, his DD Form 214 should be corrected to show he completed the Driver Training Program in 1983.

5.  The applicant further contends his DD Form 214 should be corrected to show his 2 Certificates of Achievement.  Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the DD Form 214.  Accordingly, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 item 13 of his DD Form 214 to add the Parachutist Badge
* amending item 14 of his DD Form 214 to add the entries:

* Basic Airborne Course, 3 wks, 1983
* Driver Training Program, 1 wk, 1983
* Prescribed Load List Course, 3 wks, 1984
* Junior Enlisted Development Course, 2 wks, 1986

2.  The Board further determined 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 correcting the applicant's DD Form 214 to add his 2 Certificates of Achievement.



      ___________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20110017557



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