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ARMY | BCMR | CY2013 | 20130001467
Original file (20130001467.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    29 August 2013

		DOCKET NUMBER:  AR20130001467 


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 (Certificate of Release or Discharge from Active Duty) in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and item 14 (Military Education) to add all the awards and military training to which he is entitled.

2.  The applicant states numerous schools and awards were not documented on his DD Form 214.

3.  The applicant provides:

* Department of Veterans Affairs (VA) claim, dated 9 January 2013
* Letter, accelerated advancement to private (PV2)/E-2, dated 25 April 1973
* Certificate of appreciation, dated 26 July 1974
* High School Diploma, Equivalency Certificate (GED), dated 4 March 1975
* Diploma, Basic Airborne Course, 4 April 1974
* Certificate of completion, Noncommissioned Officer (NCO) Academy, dated 13 June 1975
* Certificate of completion, Airborne Recondo Course, dated 25 November 1975
* Diploma, Ranger Course, dated 2 December 1976
* Certificate of completion, Special Forces Jumpmaster Course, dated 
15 April 1977
* Certificate of completion, Air Movement Operations Course, dated 
14 October 1977
* Certificate of appreciation, dated 16 February 1978
* Certificate of award, German Marksmanship Award (Schutzenschnur) in Bronze, dated 13 May 1980
* Certificate of completion, Auto Body Repair, dated 19 December 1980
* Permanent Orders (PO) Number 118-6, dated 25 October 1978
* PO Number 57-3, dated 7 May 1980
* Spreadsheet
* Honorable Discharge Certificate
* DD Form 214
* DD Form 215 (Correction to the 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 2 February 1973 and held military occupational specialty (MOS) 31M (Multichannel Communications Systems Operator) and was honorably discharged on 26 December 1974.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

3.  He reenlisted on 27 December 1974 and held MOS 31M and 11B (Infantryman).  He served through one extension and a variety of stateside or overseas assignments.  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

4.  His record contains the following orders authorizing him awards:

	a.  Special Orders (SO) Number 90, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, on 1 April 1975, awarded him the Parachutist Badge.

	b.  PO Number 48-10, issued by Headquarters, 1st Corps Support Command, Fort Bragg, NC, on 5 May 1977, awarded him the Senior Parachutist Badge.

	c.  PO Number 118-6, issued by Headquarters, 8th Infantry Division, Germany, on 25 October 1978, awarded him the Army Commendation Medal (2nd Award).

	d.  PO Number 42-13, issued by U.S. Army Regional Personnel Center, Bad Kreuznach, Germany, on 13 June 1979, awarded him the Army Good Conduct Medal (2nd Award).

	e.  PO Number 57-3, issued by Headquarters, 8th Infantry Division, Germany, on 7 May 1980, awarded him the Meritorious Service Medal.

5.  His DA Form 2-1 (Personnel Qualification Record) shows the following courses, training, or schools in item 17 (Civilian Education and Military Training):

* Radioman and Carried Attendant Course, 16 weeks, 1973
* GED, 1973
* Basic Airborne Course, 3 weeks, 1975
* NCO Academy, 4 weeks, 1975
* Ranger Course, 8 weeks, 1976
* Airborne Recondo Course, 3 weeks, 1976
* Special Forces Jump Master Course, 2 weeks, 1977
* Air Movement Operations Course, 2 weeks, 1977

6.  He was honorably discharged on 26 January 1981 after completing 6 years and 1 month of net active service.  His DD Form 214 shows in:

	a.  item 13, the:

* Meritorious Service Medal
* Army Good Conduct Medal (2nd Award)
* Senior Parachutist Badge
* Army Commendation Medal (2nd Award)

	b.  item 14, the Metal Body Repair Course, 4 weeks, 1980.

	c.  item 16 (High School Graduate or Equivalent): "Yes"

7.  He provided a letter, dated 25 April 1973, which shows he received an accelerated promotion to private (PV2)/E-2 as a result of his achievements in basic combat training.

8.  He provided two certificates of appreciation, dated 26 July 1974 and 
16 February 1978.

9.  He provided a certificate, dated 13 May 1980, which awarded him the German Marksmanship Award (Schutzenschnur) in Bronze.

10.  He provided a certificate of completion for the Auto Body Repair course, dated 19 December 1980.

11.  He provided a spreadsheet, which appears to be a jump log.  However, the annotations were not made on a DA Form 1307.

12.  Army Regulation 635-5 (Separation Documents), states, that for entries on the DD Form 214 in:

	a.  item 13, list awards and decorations in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations;

	b.  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; and

	c.  item 16 (High School Grad Or Equivalent) enter "YES" if the Soldier has GED. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the numerous awards and training courses missing from his DD Form 214 should be added.  Additionally, he provided 

several copies of orders for awards, certificates of appreciation/achievement or training, and a letter of promotion.  However, he did not specifically state which items were not properly listed on his DD Form 214.

2.  The following items he provided are not authorized for entry in items 13 or 14 of the DD Form 214:

	a.  The letter of accelerated promotion to PV2 that he provided is not an award and does not constitute a specific training course.  Furthermore, there is no regulatory provision for adding this document to the DD Form 214.

	b.  Certificates of appreciation or achievement and letters of the same do not constitute official awards.  They are tools commanders use to acknowledge their appreciation or a Soldier's achievement which is notable but not significant enough to justify a personal award.  Additionally, there is no regulatory provision for adding letters and certificates of appreciation or achievement to the 
DD Form 214.

	c.  The applicant provided his GED certificate.  This item is not authorized for entry in item 14 of his DD Form 214.  The proper place to annotate this information is in item 16 of his DD Form 214.  Additionally, the evidence of record show item 16 of his DD Form 214 has been properly annotated to show he received his GED.  

3.  Item 14 of the DD Form 214 is only used to enter courses completed during the period covered by the current DD Form 214 which will later assist the Soldier in job placement and/or counseling.  The regulation specifically states that training courses for combat skills will not be entered in item 14 of the DD Form 214.  Therefore, the following training courses provided by the applicant or present in his record:

	a.  are authorized for entry on his DD Form 214, and; therefore, he is entitled to correction of his DD Form 214 for the period ending 26 January 1981 to add these courses:

* Basic Airborne Course
* Special Forces Jump Master Course
* Air Movement Operations Course
* NCO Academy

	b.  are not authorized for entry on his DD Form 214 for the period ending 
26 January 1981:

* Ranger Course
* Airborne Recondo Course

4.  The Auto Body Repair course was incorrectly entered on his DD Form 214 as the Metal Body Repair course; therefore, he is entitled to correction of his 
DD Form 214 to properly show this course as the Auto Body Repair course.

5.  The evidence of record shows the applicant was awarded the German Marksmanship Award (Schutzenschnur) in Bronze; therefore, he is entitled to correction of his DD Form 214 to add this award.

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 amending his DD Form 214 for the period ending on 26 January 1981:

	a.  in item 13, adding the German Marksmanship Award (Schutzenschnur) in Bronze.

	b.  In item 14, deleting "Metal Body Repair Course, 4 weeks, 1980" and adding:

* Basic Airborne Course, 3 weeks, 1975
* NCO Academy, 4 weeks, 1975
* Special Forces Jump Master Course, 2 weeks, 1977
* Air Movement Operations Course, 2 weeks, 1977
* Auto Body Repair Course, 4 weeks, 1980

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 to his DD Form 214 for the period ending 26 January 1981 in:

	a.  item 13, the:

* letter of accelerated promotion to PV2
* letters or certificates of appreciation or achievement

	b.  item 14:

* GED
* Ranger Course
* Airborne Recondo Course
* Radioman and Carried Attendant Course



      ____________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)                                         AR20130001467



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20130001467



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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