IN THE CASE OF:	  

		BOARD DATE:	   24 May 2012 

		DOCKET NUMBER:  AR20110023306 


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 (Report of Separation from Active Duty) to show the Army Commendation Medal, various military schools/courses, a letter of commendation, a certificate of proficiency, and a temporary duty station.

2.  The applicant states:

* This information was left off his DD Form 214
* He received the Army Commendation Medal in the mail after he was discharged
* He wants his DD Form 214 to accurately reflect the military schools, duty stations, and awards he received 

3.  The applicant provides:

* Certificates of training
* Letter of commendation
* Certificate of proficiency
* Orders for the Army Commendation Medal
* Temporary change of station orders
* DD Form 214 




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 21 June 1972 for a period of 
3 years.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  On 20 June 1975, he was honorably released from active duty. 

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Army Commendation Medal as an authorized award.  Item 27 (Remarks) of his DD Form 214 shows the entry "MILITARY EDUCATION:  LT WPNS INF (Light Weapons Infantryman) UNIT ARMORER SCH (School)"   

4.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed the:

* 13-week Light Weapons Infantryman Course in 1973
* 4-week Unit Armorer School in 1974 

5.  He provided the following documents:

	a.  Certificate of training for the Special Leadership Preparation Course during the period 18-25 August 1972;

	b.   Certificate of field proficiency, dated 27 August 1973, in recognition of his selection as one of the outstanding field Soldiers;

	c.  Certificate of training for the CBR (Chemical, Biological, and Radiological) Detection, Sample and Survey Course during the period 8-10 January 1974;


	d.  Certificate of training for the Unit Armorer Course on 8 April 1974;

	e.  orders, dated 2 July 1975, which show he received the Army Commendation Medal for meritorious service during the period 12 January 1973 to 18 June 1975; and 

	f.  temporary change of station orders, dated 25 February 1975, which show he attended training with the Royal Australian Army from 5 March 1975 to 8 April 1975.

6.  Since his DD Form 214 shows he completed the Unit Armorer School in item 27, his request to show he completed the Unit Armorer Course will not be discussed further in these proceedings.

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.  The regulation, in effect at the time, stated item 27 would list formal in-service training courses successfully completed during the period of service.  This information was to assist the Soldier in employment placement and job counseling; therefore, do not list training courses for combat skills.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  There is no provision to temporary duty stations on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal.  His DD Form 214 should be corrected to show this medal.

2.  Evidence shows he completed the Special Leadership Preparation Course in 1972 and the CBR Detection, Sample and Survey Course in 1974.  His DD Form 214 should be corrected accordingly.  

3.  The applicant wants a letter of commendation and a certificate of proficiency shown on his DD form 214.  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.  He also requests his DD Form 214 be corrected to show a temporary duty station.  Since there is no provision to show duty stations 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 Army Commendation Medal to his DD Form 214; and 

	b.  adding the Special Leadership Preparation Course and CBR Detection, Sample and Survey Course to item 27 of his DD Form 214.

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 letter of commendation, a certificate of proficiency, or a temporary duty station to his    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)                                         AR20110023306





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ABCMR Record of Proceedings (cont)                                         AR20110023306



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