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ARMY | BCMR | CY2011 | 20110017805
Original file (20110017805.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110017805 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 1992.

2.  The applicant states, in effect:

	a.  he earned five awards of the Army Achievement Medal (AAM) but only three awards are listed in item 13 of his DD Form 214.

	b.  two additional awards of the AAM should be listed in item 13 of this 
DD Form 214.

	c.  item 14 of this DD Form 214 does not list any courses or schools he attended from July 1983 to September 1992.  He contends he completed the:

* General Supply and Accountability Procedures Course (1 Week)
* Primary Leadership Development Course (PLDC) during the period 
      20 November to 20 December 1985
* Field Sanitation Team Training Course during the period 13-15 January 1986
* 24-hour Three Day Trainer's Seminar
* Prescribed Load List Course during the period 10-14 June 1991
* Unit Supply Specialist Course in February 1984
* Basic training during the period 29 September through 23 November 1983
* Three Panama Canal College courses in 1991

3.  The applicant provides 17 exhibits outlined in his application continuation sheet. 

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 (RA) on 20 July 1983 for a period of 3 years.  He completed his training and was awarded military occupational specialty 76Y (unit supply specialist).  On 18 July 1986, he was released from active duty for completion of required service.

3.  Item 14 of his DD Form 214 for the period ending 18 July 1986 shows he completed the 8-week Unit Supply Specialist course in 1984.  This course is properly listed on his DD Form 214 ending on 18 July 1986; therefore, this portion of his request will not be discussed further in these proceedings. 

4.  He enlisted in the RA on 19 May 1987 for a period of 4 years.  On 
18 September 1992 he was honorably discharged. 

5.  Item 13 of his DD Form 214 for the period ending 18 September 1992 shows the:

* Army Commendation Medal (2nd Award)
* AAM (3rd Award)
* Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

6.  Item 14 of this DD Form 214 shows the entry "NONE//NOTHING FOLLOWS."

7.  Orders show he received four awards of the AAM for the following periods:

* 22 February 1984 to 30 June 1984
* 29 October 1984 to 5 November 1984
* 18 September 1985 to 24 September 1985
* 25 May 1987 to 28 January 1990

8.  There are no orders for a fifth award of the AAM.  He provided an award certificate which shows he received the AAM for meritorious service for the period 15 March 1991 to 21 April 1991.

9.  He provided the following documents:

   a.  Certificate of training for Basic Training during the period 29 September 1983 through 23 November 1983;

	b.  Diploma for the Unit Supply Specialist Course completed in February 1984;

   c.  Certificate of training for the 48-hour General Supply and Accountability Procedures Course during the period 19 February 1985 to 7 March 1985;

	d.  Devil Troop Brigade certificate of achievement, dated 12 March 1985;

   e.  Diploma for completion of PLDC during the period 20 November 1985 to 
20 December 1985;

	f.  Certificate of training for the Field Sanitation Team Training Course during the period 13-15 January 1986;

   g.  Third Squadron, Sixth U.S. Cavalry certificate of achievement, dated 
30 January 1988;

	h.  Certificate of training for the Three Day Trainer's Seminar during the period 8-10 February 1989;

	i.  Certificate of training for the 40-hour Prescribed Load List Course during the period 10-14 June 1991;
	j.  Documentation for three Panama Canal College courses (History and Government) in 1991

10.  Army Regulation 600-8-22 (Military Awards) states the AAM 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.

11.  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 and states that 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.  It states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Command and General Staff and Senior Service Colleges, Senior Warrant Officer Course, and Sergeant Major Academy non-resident course may be included when successfully completed by correspondence.  Training courses for combat skills will not be listed.  The regulation states that only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  There is no provision to show college courses on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his release from active duty.  Since he completed the 1 Week General Supply and Accountability Procedures Course in March 1985 and PLDC in December 1985, item 14 of his DD Form 214 for the period ending 18 July 1986 should be corrected to show these courses.

2.  The applicant's DD Form 214 for the period ending 18 September 1992 shows three awards of the AAM.  Although he contends he received five awards of the AAM, he only provided four AAM orders and one award certificate.  There are no orders for a fifth award of the AAM in the available records.  In the absence of orders for a fifth award of the AAM, the award certificate provided by the applicant is not sufficient alone as a basis for amending this DD Form 214 to show five awards of the AAM.  This DD Form 214 should be corrected to show four awards of the AAM.


3.  The applicant requests correction of item 13 of his DD Form 214 to show certificates of achievement.  However, the governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting this request.

4.  The applicant requests item 14 of his DD Form 214 be corrected to show he completed basic training.  Since training courses for combat skills will not be listed on the DD Form 214, there is no basis for granting this request. 

5.  Evidence shows he completed the 24-hour Field Sanitation Team Training Course in January 1986 and the 24-hour Three Day Trainer's Seminar in February 1989.  However, the governing regulation states training courses successfully completed during the period of service covered by title, length in weeks (i.e., at least 40 hours), and year completed would be listed in item 14 on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request to show this training on either of his DD Forms 214.  

6.  The available evidence shows he completed the 1 Week Prescribed Load List Course in June 1991.  Therefore, item 14 on his DD Form 214 for the period ending 18 September 1992 should be corrected to show this course.

7.  The applicant requests item 14 of his DD Form 214 for the period ending 
18 September 1992 be corrected to show he completed three college courses.  Since there is no provision to show college courses on the DD Form 214, there is no basis for granting this request.

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:

	a.  adding the entries "General Supply and Accountability Procedures Course, 1 Week, March 1985" and "Primary Leadership Development Course, 4 Weeks, December 1985" to item 14 of his DD Form 214 for the period ending 18 July 1986; 

	b.  deleting the entry "ARMY ACHIEVEMENT MEDAL 3RD AWARD" from item 13 of his DD Form 214 for the period ending 18 September 1992 and adding the entry "Army Achievement Medal (4th Award)"; and 

	c.  adding the entry "Prescribed Load List Course, 1 Week, June 1991" to item 14 of his DD Form 214 for the period ending 18 September 1992.  

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 a fifth award of the AAM and certificates of achievement to his DD Form 214 for the period ending 18 September 1992; or amending this DD Form 214 to show he completed basic training, the Field Sanitation Team Training Course, Three Day Trainer's Seminar, and three college courses. 




      _______ _   _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)                                         AR20110017805



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110017805



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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