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ARMY | BCMR | CY2014 | 20140007938
Original file (20140007938.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140007938 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the following:

* his temporary duty (TDY) in various foreign countries and Oakland, California
* awards for his U.S. Army Pacific (USARPAC) and Vietnam service
* all of his letters of Commendation
* Cold War Certificate
* Reserve Officers’ Training Corps (ROTC) Certificate
* Correspondence Sub-Course completions
* completion of the Joint Uniform Military Pay System (JUMPS) Army Specialist Course

2.  The applicant states, in effect, that his DD Form 214 does not reflect the items listed in paragraph 1. 

3.  The applicant provides copies of TDY orders and travel vouchers, Certificate of Completion of the JUMPS Army Specialist Course, Letter of Commendation, Cold War Certificate, ROTC Certificate, and Sub-Course Completion Certificates.






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 completed 2 years of ROTC training in 1967.  He was inducted into the Army of the United States on 4 February 1971.  He completed basic training at Fort Campbell, Kentucky and his advanced individual training as a transportation movement's specialist at Fort Eustis, Virginia before being transferred to Okinawa on 1 July 1971.  He was assigned to the U.S. Army Finance Center – Okinawa for duty as a pay disbursing specialist.

3.  The TDY orders and vouchers provided by the applicant show he traveled in a TDY status to the Philippines, Taiwan, Oakland, California, Hawaii, Vietnam (less than 2 hours), Korea, Japan, and Thailand.

4.  The applicant departed Okinawa on 8 December 1972 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 9 December 1972.  He had served 1 year, 10 months, and 
6 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Good Conduct Medal. 

5.  The applicant provides a Certificate of Completion of the JUMPS Army Specialist Course issued in Okinawa on 17 September 1971; however, it does not specify the length of the course.

6.  The applicant has requested that his award of the Cold War Recognition Certificate be added to his DD Form 214.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  

7.  Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.    

8.  That regulation also provides no provisions for listing TDY locations on the 
DD Form 214 or countries other than those in which assigned or attached.  It also provides that only formal courses of 1 week (40 hours) or more will be entered on that form.  Additionally, the DD Form 214 contains information and events that occur during the period of the DD Form 214.  Events that occur outside of the period of the DD Form 214 are not authorized for entry on that form.  The 
DD Form 214 is designed to serve as a snap-shot of an individual’s service and is not intended to be all inclusive of everything that occurred during the individual’s service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been noted.

2.  While the applicant has not identified any awards and decorations that he may believe he is entitled to receive, it does not appear that he is entitled to any additional awards.  Additionally, certificates of appreciation and commendation are not authorized for entry on the DD Form 214.

3.  Military education courses are only authorized for entry on the DD Form 214 if they are formal courses attended for at least 1 week in duration or more.  The applicant has not provided sufficient evidence to show that any of his courses met that criteria. 

4.  The applicant attended ROTC training prior to his induction and that training is not authorized for entry on the DD Form 214. 

5.  Inasmuch as the applicant has not provided sufficient evidence to show that an error or injustice has occurred in his case, there appears to be no basis to grant his request.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __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)                                         AR20140007938



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ABCMR Record of Proceedings (cont)                                         AR20140007938



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