IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110024204 


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:

* Two awards of the Army Achievement Medal
* An noncommissioned officer (NCO) training course
* His rank/grade as sergeant (SGT)/E-5

2.  The applicant states he received two awards of the Army Achievement Medal but neither is shown on his DD Form 214.  He received one of the awards when he was given the Army Achievement Medal award certificate.  He completed an NCO training course in Germany which he passed but it is not on his DD Form 214.  However, he was denied the grade of E-5 because when his command sergeant major (CSM) asked him if he was going to reenlist he said no.  He believes he was unjustly denied the rank by a prejudiced CSM who did not like that he was leaving the Army.

3.  The applicant provides his DD Form 214, DA Form 1315 (Reenlistment Data), and a certificate.

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's records show he enlisted in the Regular Army on 26 September 1978 and he held military occupational specialty 19D (Cavalry Scout).  He was assigned to the 2nd Battalion, 32nd Armor Regiment, Germany.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 1 November 1980.

3.  He was honorably released from active duty on 18 September 1982 in the rank of SP4 and was transferred to the U.S. Army Reserve.  He completed 3 years, 11 months, and 23 days of creditable active service.

4.  The DD Form 214 he was issued does not show award of the Army Achievement Medal.  

5.  Item 9 (Awards, Decoration & Campaigns of his DD Form 2-1 (Personnel Qualification Record) does not show award of the Army Achievement Medal.

6.  His record does not contain orders for the Army Achievement Medal.

7.  Item 17 (Civilian Education and Military Schools) of his DD Form 2-1 does not show completion of any NCO courses. 

8.  His record is void of documentation that shows he attended and/or successfully completed an NCO training course while serving on active duty. 

9.  His record does not contain a promotion packet or any records that indicate he appeared before an E-5 promotion board, was recommended for promotion by a promotion board, or was on a promotion standing list to SGT while on active duty.

10.  His record does not contain orders showing he was promoted to SGT/E-5.

11.  The applicant provides a certificate, dated 15 July 1982, that shows he was awarded the Army Achievement Medal for meritorious service while assigned to the 2nd Battalion, 32nd Armor Regiment.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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.

13.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribed the enlisted promotions and reductions function of the military personnel system.  The regulation stated field grade commanders in the grade of lieutenant colonel or higher have promotion authority to the ranks of SGT and staff sergeant (SG); however, the Promotions Work Center maintains the promotion standing list and issues the promotion orders.  Promotion to SGT and SSG are executed in a semi-centralized manner.  Soldiers must appear before a promotion board, be recommended for promotion by the promotion board, and obtain a minimum of 450 promotion points for promotion to SGT prior to being added to the promotion standing list.  When monthly promotion point cutoff score announcements are received from Headquarters, Department of the Army, promotion authorities will identify those who are eligible for promotion and the promotion authority will promote the soldier promptly, but not earlier than the effective month.

14.  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.  Chapter 2 contains guidance for the preparation of the DD Form 214.  It states in item 14 (Military Education) list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is void of orders showing the applicant was awarded the Army Achievement Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Achievement Medal).  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Army Achievement Medal.  

2.  With respect to listing an NCO training course on his DD Form 214, his record is void of any documentation that shows he attended and/or successfully completed an NCO training course while he served on active duty.  Therefore, there is insufficient evidence to correct his DD Form 214 to show an NCO training course. 
3.  With respect to the correction of his records to show his rank as SGT, there is no evidence and he did not provide any evidence that shows he was eligible for promotion to SGT and was unfairly denied this promotion.  Therefore, he is not entitled to the requested relief.

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)                                         AR20110024204





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ABCMR Record of Proceedings (cont)                                         AR20110024204



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