BOARD DATE:	  22 October 2014

		DOCKET NUMBER:  AR20140003400 


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 (Report of Separation and Record of Service) as follows: 

* item 15 (Date Entered Active Duty This Period) to show 29 January 1975 vice 25 June 1975
* item 18f (Foreign and/or Sea Service This Period) to add his service from 15 January 1979 to 28 February 1979 in support of the Return of Forces to Germany (REFORGER) Exercise
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show:

* Certificate of [outstanding] achievement at Fort Riley, KS
* Certificate of achievement from the 3rd Battalion, 33rd Armor
* Certificate of service from the 23rd Battalion of Engineers

* Item 27 (Remarks) to show on-the-job training in military occupational specialty (MOS) 19D (Cavalry Scout)  

2.  The applicant states:

* His service file was purged and the listed items (certificates of training and/or achievements) were not added
* He enlisted in the U.S. Army Reserve (USAR) on 29 January 1979 (which is his date of rank) and it started his 6-year commitment
* He was required to report and assist recruiting until he enlisted in the Regular Army (RA) on 25 June 1975; this means he entered service on 29 January 1979
* He was informed by the recruiter that he was in the USAR until he joined active duty in June 1979
* He was told he could be prosecuted for any infractions that occurred during his USAR service
* He was required to report to and assist in recruiting others into the service

3.  The applicant provides:

* DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 25 June 1975 and 29 January 1975
* Certificate of Achievement (1st Engineer Battalion, Fort Riley)
* Certificate of Achievement (3rd Battalion, 33rd Armor)
* Certificate of Service (23rd Battalion of Engineers)
* Certificate of Training (on-the-job training)
* REFORGER Certificate

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's records show he enlisted in the USAR under the Delayed Entry Program (DEP) for a period of 6 years on 29 January 1979.  He was assigned to the USAR Control Group (DEP). 

3.  He was discharged from the DEP 4 months and 26 days later on 24 June 1975.  He subsequently enlisted in the RA for 4 years and entered active duty on 25 June 1975. 

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 12B (Combat Engineer). 
5.  He served in Germany from 19 November 1975 to 19 November 1978, a period of 3 years and 1 day.  He was initially assigned to the 3rd Battalion, 33rd Armor Regiment, and later to the 23rd Engineer Battalion. 

6.  Following completion of his overseas tour, he was reassigned to the 1st Engineer Battalion, Fort Riley, KS, until his separation. 

7.  He was honorably released from active duty on 29 June 1979.  His DD Form 214 shows he completed 3 years, 11 months, and 28 days of active service.  Furthermore, this form shows the following entries:

* item 15 -  25 June 1975
* item 9d (Effective Date) – 29 June 1979
* item 18a (Net Active Service This Period) – 03-11-28
* item 18b (Prior Active Service) – 00-00-00
* item 18c (Total Active Service) – 03-11-28
* item 18d (Prior Inactive Service) – 00-04-26
* item 18e (Total Service for Pay) – 04-04-26
* item 18f (Foreign and/or Sea Service This Period) – 03-00-01
* item 26 - Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar 
* Item 27 – Training completed - Race Relations and Combat Engineer

8.  The applicant provides: 

	a.  A certificate of achievement, issued on 6 June 1979, by the Commander, 1st Engineer Battalion.

	b.  A certificate of achievement, issued on 10 December 1976, by the Commander, 3rd Battalion, 33rd Armor Regiment.   

	c.  A certificate of service, issued on 19 November 1978, by the Commander, 23rd Engineer Battalion. 

	d.  A certificate of achievement, dated 19 January 1977, showing he completed on-the-job training in MOS 19D.

	e.  A certificate certifying his participation in the REFORGER 1979 Exercise from 15 January through 28 February 1979 (1 month and 14 days). 

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  

* Item 9d shows the date of separation
* Item 15 shows the date of entry on active duty as a result of enlistment or reenlistment
* Item 18a shows the net active service completed during the period covered by the DD Form 214
* Item 18b shows prior active service
* Item 18c shows the total of items 18a and 18b
* Item 18d shows prior inactive service; DEP time is considered inactive service
* Item 18e shows the total service (active and inactive) for pay purposes
* Item 18f shows the total period of foreign service completed during the period covered by the DD Form 214 
* Item 26 shows all awards and decorations 
* Item 30 shows mandatory entries, including completion of formal training during the period covered by the DD Form 214

10.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia. 
The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the official military personnel file (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  With respect to the entry date: 

	a.  The applicant enlisted in the USAR under the DEP on 29 January 1975.  Service in the DEP counted towards the military service obligations (6 years at the time) but was considered inactive service.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  DEP time is not active duty; however, at the time of the applicant's enlistment it was captured in item 12d of the DD Form 214. 

	b.  The applicant completed 4 months and 26 days in the DEP.  But he did not enter active duty until 25 June 1975.  Thus, the entry shown in item 15 correctly shows the date he entered active duty.  Additionally, the entry shown in item 18d also correctly shows his inactive service (DEP).  

	c.  His DD Form 214 correctly listed his entry date and prior inactive service.  There is no reason to change those entries. 

2.  With respect to the certificates of achievement: 

	a.  Commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded are filed in the OMPF, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement and there is no provision to list a certificate of achievement on the DD Form 214.

	b.  Thus, the two certificates of achievement he provides are not authorized for entry on the DD Form 214. 

3.  With respect to the foreign service, the applicant served in Germany from 
19 November 1975 to 19 November 1978, a period of 3 years and 1 day.  This foreign service is correctly captured in item 18f of his DD Form 214.  However, he also completed an additional 1 month and 14 days of foreign service when he participated in REFORGER 1979 from 15 January to 28 February 1979.  He should be entitled to correction of his total foreign service to add this period of foreign service. 

4.  With respect to the certificate of service, this is a locally-designed certificate confirming his service with the 23rd Engineer Battalion from January 1978 to November 1978.  There is no provision in the governing regulation to list service with each unit on the DD Form 214. 

5.  With respect to the certificate of training, this certificate confirms he completed on-the-job training in MOS 19D on 19 January 1977.  This is not formal training and did not require formal attendance at a school or a military academy.  As such, it is not entered on the DD Form 214. 
6.  Based on the foregoing evidence and after a comprehensive review of his application, his service record, and the evidence he provides, aside from his foreign service, his DD Form 214 appears to be accurate and contains none of the errors he contends.  As such, he is not entitled to the requested relief. 

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 his DD Form 214 by deleting the entry "03-00-01" from item 18f and adding the entry "03-01-15." 

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 amending his DD Form 214 in:

* item 15 to show 29 January 1975 vice 25 June 1975
* item 26 to show Certificate of [outstanding] achievement at Fort Riley, KS; Certificate of achievement from the 3rd Battalion, 33rd Armor; and Certificate of service from the 23rd Battalion of Engineers
* Item 27 to show on-the-job training in military occupational specialty 19D (Cavalry Scout)  



      _______ _   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)                                         AR20140003400





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003400



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1