IN THE CASE OF:  	  

		BOARD DATE:  8 October 2014  	  

		DOCKET NUMBER:  AR20140002480 


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 (Certificate of Release or Discharge from Active Duty) to add the Army Achievement Medal, Jungle Warfare Training, Combat Lifesavers Course, Armorer's Course, and the Army Commendation Medal.

2.  The applicant states the schools are important to him and to his employers.  His record should show all of schools and achievements.

3.  The applicant provides – 

* certificate for the Army Achievement Medal 
* certificate for the Jungle Warfare Course
* certificate for the Combat Lifesavers Course
* Certificate for the Unit Armorer's Course
* DA Form 638 (Recommendation for Award (front page only)

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 14 October 1992 the applicant enlisted in the Regular Army.  He completed training as an infantryman and basic parachutist training.

3.  His DA Form 2-1 (Personnel Qualification Record Part-II) shows:

	a.  completion of infantryman training (13 weeks) and Basic Airborne Course (3 weeks); and

	b.  award of the Army Service Ribbon, National Defense Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was honorably discharged on 7 November 1996 due to physical disability with severance pay.  His DD Form 214 lists:

	a.  his awards as the – 

* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Infantryman Badge
* Parachutist Badge 

	b.  his military education as – 

* Basic Airborne School, 3 Weeks, 1993

6.  In support of his request the applicant submitted:
   
   a.  a certificate for the Army Achievement Medal for meritorious service with Company A, 3rd Battalion, 504th Parachute Infantry Regiment for the period        1 April 1993 to 1 June 1994 awarded on regimental headquarters Permanent Order Number 6-11, 3rd Battalion, 504th Parachute Infantry Regiment (3-504 PIR);
     b.  certificate for the Jungle Warfare Course completed on 24 September 1993;

     c.  a Certificate of Training for the Combat Lifesavers Course successfully completed 1-5 August 1994, 40 hours;

     d. Certificate of Training for the for the Unit Armorer's Course successfully completed 5 through 17 February 1995, 80 hours;

     e.  DA Form 638 from the Commander, A Company, 3-504 PIR to the battalion commander recommending the applicant for award of the Army Achievement Medal for the period 1 April 1993 -1 June 1994.  Only the front page is available.  

7.  Army Regulation 600-8-22 (Military Awards) 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 Processing Documents) at the time provided the item by item guidance for completion of the DD Form 214.  The instructions for item 14 (Military Education) states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Army Achievement Medal, Jungle Warfare Training, Combat Lifesavers Course, Armorer's Course, and the Army Commendation Medal be added to his DD Form 214.  

2.  He was awarded the Army Achievement Medal by 3rd Battalion, 504th Parachute Infantry Regiment Permanent Order Number 6-11 of 1994.  It should be added to his DD Form 214. 

3.  The applicant provided the front page of a DA Form 638 that appears to have been issued in Permanent Order Number 6-11 awarding him the Army Achievement Medal.  It does not appear to be a recommendation for the Army Commendation Medal.  However, the issue is moot because the available form is incomplete.  There is no evidence the applicant was recommended for or awarded the Army Commendation Medal.

4.  The Jungle Warfare Training certificate reflects combat training and is, by regulation, not to be entered on the DD Form 214.

5.  The applicant has presented convincing evidence that he successfully completed a 1-week Combat Lifesaver Training Course (not a combat skills course) in 1994 and a 2-week Unit Armorer's Course in 1995.  These courses should be added to item 14 of his DD Form 214.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below

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 amending his 7 November 1995 DD Form 214 by:

	a.  adding the Army Achievement Medal; and 

	b.  adding to the military education already shown in item 14 the – 

* Combat Lifesavers Course, 1 Week, 1994
* Unit Armorer's Course, 2 Weeks, 1995

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 adding the Army Commendation Medal to his authorized awards or adding the Jungle Warfare Course to his education.  



      ____________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)                                         AR20140002480



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ABCMR Record of Proceedings (cont)                                         AR20140002480



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