IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020503 


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 a Certificate of Achievement for Outstanding Soldier and the following training:

* Dragon Gunner
* High Dragon Gunner
* Amphibious Warfare/Reconnaissance

2.  The applicant states the clerk did not list these items on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, Outstanding Soldier Certificate of Achievement, Dragon Qualification Course Certificate of Training, and a photocopy of his High Dragon Gunner Plaque.

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 5 February 1979 and held military occupational specialty 11B (Infantryman).

3.  On 28 February 1980, he received an expeditious honorable discharge.  His DD Form 214 shows he completed 1 year and 24 days of active service.  It further shows in:

* Item 11 (Primary Specialty Number, Title and Years and Months in specialty (additional specialty numbers and titles involving periods of one or more years)) - "11B1O  INFANTRYMAN  9 MOS"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Item 14 (Military Education) - "NONE"

4.  He submitted:

* a certificate of achievement that shows he was recognized for outstanding performance during basic training
* a training certificate for successful completion of infantry direct fire crewman (Dragon Weapon System Gunner) technical training, additional specialty C2, dated March 1979
* a photocopy of a High Dragon Gunner Plaque for the period 7 February to
22 March 1979

5.  His DA Form 2-1 (Personnel Qualification Record) does not show he received any type of amphibious training.

6.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia. 
The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be filed in the individuals personnel file.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  Item 11, Only list additional specialties held for one or more years.

	b.  Item 13, enter all awards and decorations obtained from the Soldier's records.

	c.  Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214; it includes title, length in weeks, and year completed; this information is to assist Soldiers in job placement and counseling; do not list training for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that omitted military training and a certificate of achievement be added to his DD Form 214.

2.  As the regulation states copies of certificates of achievement are filed in the Soldier's military personnel file; however, there is no provision to list a certificate of achievement on the DD Form 214.

3.  The record shows he completed Dragon Gunner Training and was awarded the additional specialty of C2 in March 1979.  He was discharged on 25 February 1980.  He served in the additional specialty for approximately 11 months.  Regulatory guidance states that only additional specialties held for one or more years will be listed on the DD Form 214; therefore, his DD Form 214 should not be corrected to show this additional specialty.

4.  There is no evidence to show the applicant completed any type of amphibious training during his period of service; however, any such training would be considered a combat skills course which is not entered on the DD Form 214.  

5.  In view of the above, his request should be denied.



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)                                         AR20120020503





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ABCMR Record of Proceedings (cont)                                         AR20120020503



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