IN THE CASE OF

		BOARD DATE:	4 June 2014

		DOCKET NUMBER:  AR20130018319


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) as follows:  

* amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Army Achievement Medal (AAM), a Certificate of Service in Operation Desert Storm and 4 Certificates of Achievement
* amend item 14 (Military Education) to add the Food Service Specialist Course and the Defensive Driving Course II

2.  The applicant states he is including copies of the awards he wants added to his DD Form 214.  

3.  The applicant provides:

* DD Form 214, for the period ending 3 January 1992
* Permanent Orders 1-8, issued by Headquarters, 57th Signal Battalion on 19 March 1991
* DA Form 4980-18 (AAM Certificate)
* Certificate of Service in Operation Desert Storm, issued by Headquarters, XVIII Airborne Corps, Saudi Arabia
* Certificate of Achievement, issued by Headquarters, 57th Signal Battalion 
* Certificate of Achievement, issued by Headquarters, 35th Signal Brigade
* Certificate of Achievement, issued by Company H, 4th Aviation Regiment, 4th Brigade, 8th Infantry Division (Mechanized) on 4 November 1988
* Achievement Award in Applied Food Service Sanitation, issued by City Colleges of Chicago
* Certificate of Completion, Food Service Specialist Course, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, dated 4 June 1987
* DA Form 87 (Certificate of Training), The National Safety Council's Defensive Driving Course II, Course 072-90

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 or about 21 January 1987, the applicant enlisted in the U.S. Army Reserve (USAR).  

3.  On 28 January 1987, he entered active duty for the purpose of completing his initial entry training.  

4.  On 5 June 1987, upon the completion of his initial entry training, he was awarded military occupational specialty (MOS) 94B (Food Service Specialist), released from active duty, and returned to the control of his USAR Troop Program Unit of assignment.  Item 14 of his DD Form 214 for this period contains the entry "Food Svc Sp 07 weeks (8706)," which documents his completion of the Food Service Specialist Course. 

5.  On 5 January 1988, he enlisted in the Regular Army and was assigned to Headquarters and Headquarters Company, 4th Brigade, 8th Infantry Division (Mechanized), in the Federal Republic of Germany.  He served in Germany until on or about 16 January 1990, when he was reassigned to Fort Hood, TX.

6.  On or about 5 March 1990, he was assigned to the 57th Signal Battalion at Fort Hood, TX.

7.  His record shows he served in Saudi Arabia in support of Operations Desert Shield and Desert Storm, from on or about 26 September 1990 through on or about 14 April 1991.

8.  On 3 January 1992, he was honorably released from active duty and transferred to the USAR.  His DD Form 214 contains the following noted entries:

   a. Item 13 is void of any entries that show he was awarded the AAM.

   b. Item 14 is void of any entries that show he completed any training courses during this period of active duty.

   c. Item 18 (Remarks) contains the entry "Service in Southwest Asia    900926 – 910414," indicating he served in Southwest Asia during Operation Desert Storm.

9.  He provides:

   a. An extract of Permanent Orders 1-8, issued by Headquarters, 57th Signal Battalion on 19 March 1991, which awarded the AAM (2nd Oak Leaf Cluster) to a select group of recipients identified on an attached roster.  The applicant did not provide the attached roster of recipients.  He did provide an AAM Certificate that shows he was awarded the AAM for meritorious achievement during Operation Desert Storm, during the same timeframe cited by Permanent Orders 1-8.  There appears to be a Permanent Orders number cited at the bottom of the certificate; however, it was cut off during the photocopying process and cannot be read.  

   b. A Certificate of Service in Operation Desert Storm and 3 different Certificates of Achievement – 2 for service in Operation Desert Storm.

   c. A certificate issued by City Colleges of Chicago that shows he satisfactorily completed the requirements for the Achievement Award in Applied Food Service Sanitation; however, the certificate does not list the duration of the course or the timeframe he attended.

   d. A Certificate of Completion from the U.S. Army Training Center and Fort Dix, Fort Dix, NJ, which shows he completed the Food Service Specialist Course (MOS 94B) on 4 June 1987.

   e. A Certificate of Training that shows he completed the National Safety Council's Defensive Driving Course II, Course 072-90; however, the certificate does not list the course duration.

10.  Army Regulation 672-5-1 (Military Awards), the governing regulation in effect at the time, prescribed the Army policy, criteria, and administrative instructions concerning individual military decorations, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges, and tabs and unit decorations.  It stated:

   a. Commanders could recognize periods of faithful service, acts, or achievements which did not meet the standards required for decorations by issuing to individual United States military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  

   b. The citation on such certificates would not be worded so that the act or service performed appeared to warrant the award of a decoration, and no distinguishing device was authorized for wear to indicate the receipt of a certificate of achievement.  

   c. Copies of certificates of achievement (or memoranda of record stating that a certificate of achievement had been awarded), citing the recognized service, would be distributed to the recipient's official military personnel file (OMPF).

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

   a. Paragraph 2-4h(13) states item 13 of the DD Form 214 is used to document awards and decorations, for all periods of service, in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

   b. Paragraph 2-4h(14) states item 14 of the DD Form 214 is used to document formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 (emphasis added).  Entries will include the title, length in weeks, and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to add an AAM, numerous certificates of achievement, and 2 training certificates.  
2.  He provides an extract of Permanent Orders 1-8, which announced the award of the AAM (2nd Oak Leaf Cluster) to a select group of recipients identified on an attached roster.  The applicant did not provide the attached roster of recipients; however, he did provide an AAM Certificate that shows he was awarded the AAM for his participation in Operation Desert Storm, during the same timeframe identified in Permanent Orders 1-8.  It is reasonable to conclude he was awarded a single award of the AAM.  As such, it would be appropriate to correct his       DD Form 214 to show a single award of the AAM. 

3.  The applicant requested correction of his DD Form 214 to show the following: 

   a. A Certificate of Service in Operation Desert Storm, presumably for annotation on his DD Form 214; however, his dates of service in support of Operation Desert Storm are already annotated in item 18 of his DD Form 214.  Therefore, there is no basis to grant this portion of the requested relief.

   b. Three separate certificates of achievement for annotation on his DD Form 214.  Although the governing Army Regulation at the time provided for the inclusion of certificates of achievement in the OMPF, there was no provision to list such certificates on the DD Form 214.  Therefore, there is no basis to grant this portion of the requested relief.

   c. A certificate issued by City Colleges of Chicago that shows he satisfactorily completed the requirements for the Achievement Award in Applied Food Service Sanitation; however, the certificate does not list the duration of the course or the timeframe he attended.  Therefore, since this certificate represents neither an approved award nor a recognized formal course of instruction, there is no basis to list it on the DD Form 214.

   d. A Certificate of Completion from the U.S. Army Training Center and Fort Dix, Fort Dix, NJ, which shows he completed the Food Service Specialist Course (MOS 94B) on 4 June 1987.  This course is annotated on his DD Form 214 for the period ending 5 June 1987.  The governing Army regulation provides that the DD Form 214 will document formal in-service training courses successfully completed during the period of service covered by the DD Form 214; there is no basis for adding it to his DD Form 214 for the period ending 3 January 1992.

   e. A Certificate of Training that shows he completed the National Safety Council's Defensive Driving Course II, Course 072-90; however, the certificate does not list the duration of the course or the timeframe he attended.  Therefore, since this certificate does not represent a recognized formal course of instruction, there is no basis to list it on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 item 13 of his DD Form 214, for the period ending 3 January 1992, to add a single award of the AAM.

2.  The Board further determined 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: 

a. Amending item 13 of his DD Form 214 for the period ending 3 January 1992 to add:

* a certificate of service in Operation Desert Storm issued by Headquarters, XVIII Airborne Corps
* 3 certificates of achievement from various U.S. Army units
* a certificate of achievement from City Colleges of Chicago

b. Amending item 14 of his DD Form 214 for the period ending 3 January 1992 to add:

* a certificate of training for the Food Service Specialist Course
* a certificate of training for the Defensive Driving Course II



      _______ 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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20130018319



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