IN THE CASE OF:
BOARD DATE: 27 June 2014
DOCKET NUMBER: AR20130018043
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) to show:
* completion of Airborne School
* award of the Army Commendation Medal (2nd Award)
2. The applicant states:
* he went to Airborne School at Fort Bragg, NC
* his record became distorted after he chose not to remain with the 82nd Airborne Division
* he received two Army Commendation Medals at Fort Polk, LA, and neither is listed on his DD Form 214
* he wants his personal achievements shown on his DD Form 214
3. The applicant does not provide any evidence in support of his application.
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 7 June 1982.
3. Permanent Orders Number 192-7, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 6 October 1982, show the applicant successfully completed airborne training and was awarded the Parachutist Badge.
4. His DA Form 2-1 (Personnel Qualification Record) shows in:
* Item 5 (Oversea Service) FEPA (Far East Pacific Area) Korea from 12 January 1983 to 11 January 1984
* Item 9 (Awards, Decorations and Campaigns) no entry for the Army Commendation Medal
* Item 17 (Civilian Education and Military Schools), in part:
* USAIS (U.S. Army Infantry School), Basic Airborne, 3 weeks, 1982
* NCO Academy, Primary Leadership Development Course, 4 weeks, 1985
5. On 30 April 1987, he was discharged. He completed 4 years, 10 months, and 24 days of creditable active military service. His DD Form 214 does not show award of the Army Commendation Medal (2nd Award) or any military education.
6. His record does not contain and he does not provide any evidence showing he was awarded the Army Commendation Medal (2nd Award).
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.
As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, provided instruction for the preparation of the DD Form 214. The regulation states item 13 is self-explanatory and to enter in item 14 in-service training courses by title, number of weeks, and year successfully completed during the period covered by the DD Form 214 being prepared. Training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant completed the Basic Airborne course in 1982 and the Primary Leadership Development Course in 1985; therefore, his DD Form 214 should be corrected to show this training.
2. Although he completed other training, training courses for combat skills are not listed on the DD Form 214.
3. There is no evidence indicating he was recommended for or awarded the Army Commendation Medal.
4. Absent orders awarding him the Army Commendation Medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show 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 adding to Item 14 the following courses:
* Basic Airborne, 3 weeks, 1982
* Primary Leadership Development Course, 4 weeks, 1985
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 award of the Army Commendation Medal (2nd Award).
_______ _ _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) AR20130018043
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ABCMR Record of Proceedings (cont) AR20130018043
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