IN THE CASE OF:	  

		BOARD DATE:  12 April 2012

		DOCKET NUMBER:  AR20110020191 


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) for the period ending 20 May 1996 to show his rank and grade as staff sergeant (SSG)/E-6, a second award of the Army Achievement Medal (AAM), and completion of the Infantry Leaders Course.

2.  The applicant states he earned the awards and accomplishments and believes they should be listed on his DD Form 214.  He adds that having the awards and the correct rank listed will help him attain the employment he is seeking.

3.  The applicant provides a DD Form 214, DD Form 215 (Correction to DD Form 214), AAM Certificate, and Certificate of Training.

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 requests correction of his DD Form 214 to show his rank and grade as SSG/E-6.  However, he provides a DD Form 215, dated 3 March 2004, which corrected his DD Form 214 for the period ending 20 May 1996 to show his rank and grade as SSG/E-6.  Because his DD Form 214 has already been corrected to show his rank and grade as SSG/E-6, this issue will not be discussed further in this Record of Proceedings.  However, it appears he is requesting to be reissued a DD Form 214.

3.  The applicant served in the Regular Army from 26 February 1986 to 25 February 1989.  His DD Form 214 for this period of service does not show the AAM.

4.  He enlisted in the U.S. Army Reserve (USAR) on 12 December 1993.  An AAM Certificate indicates Permanent Orders 1-2, 70th Training Division, awarded him the AAM on 9 January 1994 for meritorious service as a drill sergeant while a member of the USAR.

5.  On 3 February 1994, he again enlisted in the Regular Army.  A Certificate of Training shows he completed the Infantry Leaders Course on 7 February 1995.  The certificate also shows this training was conducted during the period 11 January-7 February 1995.

6.  His DA Form 2-1 (Personnel Qualification Record) shows he also completed the 2-week Air Assault Course in 1994.

7.  On 20 May 1996, he was retired and placed on the Temporary Disability Retirement List.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service only shows one AAM.  Item 13 also shows the Air Assault Badge.  Item 14 (Military Education) shows the entry "None."

8.  There are no orders or any other evidence showing he was awarded a second AAM.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  In item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	b.  Once a DD Form 214 has been issued, it will not be reissued except for the following reasons:

		(1)  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

		(2)  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; and

		(3)  when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show a second AAM and the Infantry Leaders Course has been carefully reviewed.

2.  The evidence confirms he completed the Air Assault Course during the period covered by the DD Form 214 for the period ending 20 May 1996.  Therefore, this course should be added to item 14 of his DD Form 214.

3.  The evidence also confirms he completed the Infantry Leaders Course; however, the governing regulation at the time provided that training courses for combat skills would not be entered in item 14 of the DD Form 214.  The Infantry Leaders Course is a combat skills training course; therefore, this training should not be added to his DD Form 214.

4.  There is no evidence in his military record showing he was awarded a second AAM.  Therefore, there is no basis to grant this portion of his request.

5.  The recommended correction in paragraph 2 above will result in the issuance of a second DD Form 215 pertaining to the DD Form 214 for the period ending 20 May 1996.  Therefore, a DD Form 214 should not be reissued.


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 adding the entry "Air Assault Course, 2 weeks, 1994" to his DD Form 214 for the period ending 20 May 1996.

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 adding a second AAM and the Infantry Leaders Course to his DD Form 214 and to reissuance of a DD Form 214.



      ___________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)                                         AR20110020191



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ABCMR Record of Proceedings (cont)                                         AR20110020191



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