IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010435
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. award of the Valorous Unit Award (VUA); and
b. completion of the Combatives Trainer Course.
2. The applicant states the VUA was awarded to his unit for service in Iraq during 2007-2008. However, he had already been discharged in February 2009 before the award orders were published in July 2009. He had forgotten about the Level One training course that did not get added to his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate of Training for the Combatives Trainer Course, dated 27 February 2007
* Permanent Orders 201-09, U.S. Army Human Resources Command, dated 20 July 2009
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. On 11 January 2001, the applicant enlisted in the Regular Army. He completed training as an infantryman.
3. On 31 July 2001, the applicant was assigned for duty with the 1st Battalion, 502nd Infantry Regiment. He was reassigned within the battalion to Company B on 7 August 2001. He remained with this company until 30 November 2004, when he was assigned to the Headquarters Company for about a year. He returned to Company B on 1 September 2005.
4. The applicant's Enlisted Record Brief shows he served in Iraq from 5 March 2003 to 2 April 2004 and from 29 September 2005 to 11 September 2006. This document also indicates he had completed the Combatives Level 1 course in 2007.
5. The Certificate of Training, provided by the applicant, indicates that he had completed the 40-hour Combatives Trainer Course on 27 February 2007.
6. The applicant's change of rater Noncommissioned Officer Evaluation Report, for the period from 1 January to 31 July 2008, states he served in Iraq during this rated period in support of Operation Iraqi Freedom 07-09 with Company B, 1st Battalion, 502nd Infantry Regiment.
7. On 24 February 2009, the applicant was discharged due to completion of required active duty service. He had attained the rank of staff sergeant, pay grade E-6, and had completed 8 years, 1 month, and 14 days of creditable active duty service.
8. The applicant's DD Form 214 does not show award of the VUA or completion of the Combatives Trainer Course, Level One.
9. Permanent Orders 201-09, dated 20 July 2009, as provided by the applicant, state that Company B, 1st Battalion, 502nd Infantry Regiment was awarded the VUA for the period of service from 15 October 2007 to 15 November 2008, for extraordinary heroism in action against an armed enemy.
10. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It further required:
a. Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) to show such items that were awarded or authorized to the Soldier.
b. Item 14 (Military Education) to show formal in-service (full-time attendance) training courses successfully completed during the period of service covered. List course title, length in weeks, and the month and year of completion. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant's unit was awarded the VUA. Therefore, this medal should be shown on his DD Form 214.
2. Records show the applicant completed the 1-week Combatives Trainer Course. Therefore, this instructor's course should be shown on 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 that the evidence presented was 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 showing on his DD Form 214:
a. award of the Valorous Unit Award; and
b. completion of the Combatives Trainer Course, Level One, 1-week, 2007.
_______ _ 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) AR20130010435
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