Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130018043
Original file (20130018043.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018043



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090006037

    Original file (20090006037.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). In addition, the applicant's two DD Forms 214 show that the applicant's name of record is correctly recorded on these two documents. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his 20 February 1991 DD Form 214 by: a. adding to item 11 the entry "62F1O, Lift and Load Equipment Operator, 5 Years, 9 Months//63J2O,...

  • ARMY | BCMR | CY2012 | 20120009142

    Original file (20120009142.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...

  • ARMY | BCMR | CY2014 | 20140015102

    Original file (20140015102.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests the Army Commendation Medal and all his military training be reflected on his DD Form 214 for the period ending 9 July 1985. Based upon this, his DD Form 214 should be amended to show the award of the Army Commendation Medal only.

  • ARMY | BCMR | CY2005 | 20050003015C070206

    Original file (20050003015C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (First Oak Leaf Cluster), the Multinational Force and Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon and the Air Assault Badge. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board...

  • ARMY | BCMR | CY2003 | 2003088732C070403

    Original file (2003088732C070403.rtf) Auto-classification: Approved

    The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8...

  • ARMY | BCMR | CY2012 | 20120009051

    Original file (20120009051.txt) Auto-classification: Approved

    Therefore, his DD Form 214 for the period ending 31 March 1992 correctly shows the number of AAMs he is entitled to. With respect to additional awards of the ARCOM, evidence of record shows orders awarded him two awards of the ARCOM and his DD Form 214 shows these awards. As a result, the Board recommends denial of so much of the application that pertains to: * adding to additional awards of the AAM, ARCOM, and his appreciation and service certificates to his DD Form 214 * adding the...

  • ARMY | BCMR | CY2014 | 20140002643

    Original file (20140002643.txt) Auto-classification: Approved

    It also shows in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * AAM (2nd Award) * ARCOM * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * NPDR * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with (M-16) Rifle and Hand Grenade Bars * Expert Infantryman Badge * Parachutist Badge * Ranger Tab b. item 14 (Military Education) does not show the following training courses: * Basic...

  • ARMY | BCMR | CY2007 | 20070016558

    Original file (20070016558.TXT) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Army Commendation Medal (1st Oak Leaf Cluster), the Army Achievement Medal (2nd Oak Leaf Cluster), the Good Conduct Medal, the Expert Infantryman Badge, the Air Assault Badge, the Kosovo Campaign Medal, the NATO Medal, the Noncommissioned Officer Professional Development Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the III...

  • ARMY | BCMR | CY2010 | 20100014190

    Original file (20100014190.txt) Auto-classification: Approved

    The applicant requests that the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Master Parachutist Wings (correctly know as Master Parachutist Badge) * Guatemalan Master Parachutist Badge * Air Force Longevity Service Ribbon * Air Force Reserve Meritorious Service Ribbon * U.S. Air Force (USAF) Noncommissioned Officer (NCO) Academy Graduate Ribbon * Mine Resistant Ambush Protected (MRAP) Vehicle Operator Train the Trainer Course 2. Item...

  • ARMY | BCMR | CY2010 | 20100017854

    Original file (20100017854.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 3 March 2011 DOCKET NUMBER: AR20100017854 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show: * Completion of the United States Marine Corps Surveillance and Target Acquisition Course, a period of 8 weeks on 12 May 1987 * Completion of the United States Army Sniper School, a period of 3 weeks on 25 March 1988 and award of the Additional Skill...