IN THE CASE OF:	

		BOARD DATE:	 20 November 2014 

		DOCKET NUMBER:  AR20140005348 


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 show:

* Air Assault Badge
* Army Achievement Medal (AAM) (2nd Award)
* he was honorably discharged
* he was promoted to specialist four (SP4)/pay grade E-4
* he served in the Delaware National Guard

2.  He states his DD Form 214 should be edited for correctness.  

3.  He provides:

* DD Form 214
* 101st Airborne Division (Air Assault), The Air Assault School, Certificate of Training
* AAM Certificate
* Honorable Discharge 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.  On 27 June 1984, the applicant enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry/Enlistment Program (DEP).  On 25 July 1984, he enlisted in the Regular Army in pay grade E-2 for a period of 2 years.  After completing initial entry training, he was awarded military occupational specialty 16S (Man Portable Air Defense System Crewmember).  

3.  Effective 1 June 1985, he was promoted to private first class (PFC)/pay grade E-3.  

4.  On 3 April 1986, Headquarters, 5th Battalion, 52nd Air Defense Artillery, Fort Stewart, GA, issued Permanent Orders 18-1 awarding the AAM to the applicant for meritorious achievement during the period 4 May 1984 to 15 April 1986.  

5.  A DA Form 4187 (Personnel Action), dated 12 May 1986, shows he was promoted to SP4/E-4 effective 1 June 1986.  

6.  On 24 July 1986, he was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Annual Training) to complete his military service obligation (MSO).  His DD Form 214 shows in:

* item 4a (Grade, Rate or Rank) – PFC
* item 4b (Pay Grade) – E-3
* item 12h (Effective Date of Pay Grade) – 1 June 1985
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Service Ribbon
* AAM
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* First Class (now called Sharpshooter) Marksmanship Qualification Badge with Grenade Bar
* Army Good Conduct Medal (1st Award)
7.  On 8 October 1986, he enlisted in the Delaware Army National Guard (DEARNG) in pay grade E-4.  Effective 22 May 1988, he was reduced to pay grade E-3 for inefficiency.  

8.  His Official Military Personnel File (OMPF) contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing he received a general discharge from the DEARNG as an unsatisfactory participant on 1 July 1988.  He was transferred to the USAR Control Group (Annual Training) to complete his MSO.  It appears he was not provided a copy of his NGB Form 22.

9.  His OMPF is void of documentation showing that he completed the Air Assault Course or that he received a second award of the AAM.  

10.  He provides:

	a.  A Certificate of Training, dated 28 February 1985, issued by the 101st Airborne Division (Air Assault), The Air Assault School, showing he completed The Air Assault School and earned the right to wear the Air Assault Badge. 

	b.  An AAM Certificate showing he was awarded the AAM (2nd Award) for meritorious service during the period 1 April to 2 May 1986.  The certificate does not show the award was authorized in orders.  

	c.  An Honorable Discharge Certificate shows he was discharged on 26 June 1992.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 provides a summary of a Soldier’s most recent period of continuous active service.  The form is not intended to be an ongoing record of all military service a Soldier might perform after leaving active duty.  As such, there is no basis for correcting the applicant's DD Form 214 to show his DEARNG service or his honorable discharge from the USAR.  

2.  He should be provided a copy of his NGB Form 22, which he may use as evidence of his DEARNG service.  He should note the Honorable Discharge Certificate he already possesses is the official document issued to Soldiers as a record of an USAR discharge.  

3.  He provides an AAM Certificate showing he was awarded the AAM (2nd Award) while serving on active duty.  The sincerity of his claim is not questioned.  Unfortunately, possession of an award certificate does not automatically confer entitlement to an award.  Absent orders which awarded him this 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 the AAM (2nd Award).

4.  The applicant is advised to submit a request for reconsideration if he has a copy of the orders awarding him the AAM (2nd Award) or official documentation confirming that such orders were published.  If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.

5.  He was promoted to SP4/pay grade E-4 while serving on active duty in the RA.  It appears an administrative error resulted in entry of a lower rank and pay grade on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the rank and pay grade he held when he was REFRAD and the effective date of that rank and pay grade.

6.  Although his OMPF is void of documentation showing he was awarded the Air Assault Badge, he provides a Certificate of Completion showing he was authorized the badge based on completion of the appropriate training.  The certificate is a sufficient basis upon which to correct his DD Form 214 to show the Air Assault Badge.  

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 making the following deletions from and additions to his DD Form 214:

	a.  delete the entries in items 4a, 4b, and 12h; and

	b.  add to:

* item 4a – SP4
* item 4b – E-4
* item 12h – 1 June 1986
* item 13 – Air Assault Badge

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 correcting his DD Form 214 to show the AAM (2nd Award), his Delaware National Guard service, and his honorable discharge from the USAR.  



      _______ _   _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)                                         AR20140005348



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ABCMR Record of Proceedings (cont)                                         AR20140005348



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