IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018402
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 (Report of Separation from Active Duty), effective 15 July 1976, to show:
* award of the Army Good Conduct Medal
* completion of basic combat training
2. The applicant states the above items are not listed on his DD Form 214. He also requests the medal and certificate.
3. The applicant provides:
* his DD Form 214 with an effective date of 15 July 1976
* orders for award of the Army Good Conduct Medal
* five letters of appreciation
* certificate for completion of advanced individual training
* promotion orders
* permanent change of station orders
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 16 July 1973, he enlisted in the Regular Army at the age of 18. He completed basic and advanced individual training and was awarded military occupational specialty 31M (Multichannel Communication Equipment Operator).
3. He provided Headquarters, U.S. Army Signal Center, Fort Gordon, GA, General Orders Number 329, dated 21 June 1976, awarding him the Army Good Conduct Medal for his period of service from 16 July 1973 to 15 July 1976.
4. On 15 July 1976, he was released from active duty. He completed 3 years of active service that was characterized as honorable. His DD Form 214 shows he is authorized the National Defense Service Medal.
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Paragraph 2-7ah(12) stated formal in-service training courses successfully completed during the period of service covered by the DD Form 214 were to be listed in item 27 (Remarks). Information is to assist in employment placement and job counseling, so training courses for combat skills were not to be listed.
DISCUSSION AND CONCLUSIONS:
1. Based on the orders provided by the applicant the Army Good Conduct Medal should be added to his DD Form 214 and he should be issued the appropriate certificate.
2. Formal in-service training courses are listed on a member's DD Form 214 to assist in employment placement and job counseling. All Soldiers who have completed an enlistment and received an honorable discharge are presumed to have completed basic combat training at the beginning of their enlistment. Therefore, there is no need to list this training on a DD Form 214. In addition, it is considered a training course for combat skills and therefore would not be listed for this reason.
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:
a. amending his DD Form 214 to include the Army Good Conduct Medal (First Award); and
b. issuing him a certificate awarding him the Army Good Conduct Medal (First Award) for the period of service 16 July 1973 to 15 July 1976.
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 basic combat training.
_______ _ 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) AR20130018402
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ABCMR Record of Proceedings (cont) AR20130018402
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