IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120003294
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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 January 2005:
* add his second Meritorious Service Medal
* add the fifth award of the Overseas Service Ribbon
* add four military courses completed
2. The applicant states his records were misplaced by personnel at Fort Polk, LA.
3. The applicant provides:
* two DA Forms 638 (Recommendation for Award) and certificates for award of the Meritorious Service Medal
* four certificates of completion of military training
* his 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. He retired on 31 January 2005 and was placed on the Retired List the following day. He was issued a DD Form 214 for the period 15 January 1985 to 31 January 2005.
a. His DD Form 214 shows he was awarded one Meritorious Service Medal and the Overseas Service Ribbon (4th Award).
b. The courses reflected on the training certificates he provided are not shown on his DD Form 214.
3. He provided two DD Forms 638 and certificates for award of the Meritorious Service Medal.
* Headquarters, V Corps, Heidelberg, Germany, Permanent Order Number 262-07, dated 2 October 2003, for the period 10 April 2000 to 4 October 2003
* Headquarters, Joint Readiness Training Center, Fort Polk, LA, Permanent Order Number 300-06, dated 26 October 2004, for the period 31 January 1995 to 31 January 2005
4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows the following overseas service. In each case he was credited as having completed a normal tour.
* 19 May 1985-18 May 1987 Germany 24 months
* 29 May 1989-20 May 1990 Korea 12 months
* 19 June 1990-30 June 1992 Germany - 24 months
* 3 January 1996-10 March 1997 Korea 14 months
* 5 April 2000-4 October 2003 Germany 40 months
5. He provided four certificates of completion for formal in-service training courses that he completed during the period covered by his DD Form 214.
* Unit Movement Officer Course 2 weeks 2001
* Technical Transportation of Hazardous Materials 2 weeks 2001
*
TC-AIMS II Unit Movement Officer Course 1 week 2002
* 28th Transportation Battalion Drivers Academy 2 weeks 2002
6. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in item 14 (Military Education). The entry will include the title, length in weeks, and the year completed.
DISCUSSION AND CONCLUSIONS:
1. He was awarded two Meritorious Service Medals. Therefore, his DD Form 214 should show the Meritorious Service Medal (2nd Award).
2. His DA Form 2-1 lists five overseas tours of duty and indicates he received credit for completion normal tours. Therefore, he is authorized five awards of the Overseas Service Ribbon.
3. The courses identified on the training completion certificates he submitted were formal in-service training courses. Therefore, these courses should be added to his DD Form 214.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:
a. delete the Meritorious Service Medal and Overseas Service Ribbon (4th Award);
b. add the Meritorious Service Medal (2nd Award) and Overseas Service Ribbon (5th Award); and
c. add the following training courses to item 14:
* Unit Movement Officer Course 2 weeks 2001
* Technical Transportation of Hazardous Materials 2 weeks 2001
* TC-AIMS II Unit Movement Officer Course 1 week 2002
* 28th Transportation Battalion Drivers Academy 2 weeks 2002
_________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) AR20120003294
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120003294
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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