IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015430 


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) for the period ending 20 July 1981 to show:

* his duty position as custodial agent/technical assembler in nuclear operations
* his assignment to supply duties in the summer of 1980 when he was activated to Fort Chafee, AR, as security and trained in riot control
* award of a certificate of superior achievement

2.  The applicant states he is in a vocational rehabilitation program and he needs his DD Form 214 to reflect his duty description since he believes it may affect his entitlements.

3.  The applicant provides:

* 3d Infantry Division Artillery Certificate of Superior Achievement
* letter of appreciation
* letter from the Department of Veterans Affairs

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 21 July 1977.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13B (Cannon Crewman).

3.  He served in Germany from 31 October 1977 to 28 October 1979.  He was assigned to Battery C, 1st Battalion, 10th Field Artillery Regiment, 3d Infantry Division, as a cannoneer and/or radio telephone operator.

4.  Upon completion of his Germany tour, he was reassigned to Battery A, 2d Battalion, 37th Field Artillery Regiment, Fort Sill, OK, as a gunner and/or driver.

5.  He provided:

	a.  a 3d Infantry Division Artillery Certificate of Superior Achievement, dated 21 August 1979, for meritorious service while assigned to Battery C, 1st Battalion, 10th Field Artillery Regiment, Germany;

	b.  a letter of appreciation from Headquarters, 1st Battalion, 10th Field Artillery Regiment, Germany, dated 23 July 1979, for outstanding performance during a technical verification inspection conducted 16-18 July 1979; and

	c.  a letter from the Department of Veterans Affairs, dated 29 August 2011, in relation to vocational rehabilitation and employment.

6.  He was honorably relieved from active duty on 20 July 1981 by reason of completion of required service.  He completed 4 years of creditable active service.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Humanitarian Service Medal, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 18 (Remarks) – no entries

7.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement.  It states commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement (or appreciation) of local design to individual U.S. military personnel.  These certificates will be issued as the local commander may prescribe.  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.  Such certificates are not entered on the DD Form 214.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated a DD Form 214 was prepared for Active Army Soldiers upon termination of active duty service.  Item 18 included mandatory entries and/or entries too long for their respective blocks.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his duty as a custodial agent/technical assembler in nuclear operations and assignment to supply duties in the summer of 1980, there is no provision in Army Regulation 635-5 to enter duty descriptions or titles on the DD Form 214.

2.  With respect to the certificate of achievement, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a certificate of local design.  Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded are filed in the service records, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement and there is no provision to list such certificates on the DD Form 214.


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 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)                                         AR20130015430



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ABCMR Record of Proceedings (cont)                                         AR20130015430



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