IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140010383
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:
* the Army Achievement Medal (2nd Award), Drivers Badge, and Air Assault Badge
* he completed the Air Assault Course in October 1989, Jungle Warfare Training Course in January 1990 and August 1991, and the Defense Hazardous Materials Waste/Handling Course in October 1991
* his foreign service in Panama
2. The applicant states:
a. His DD Form 214 shows only one award of the Army Achievement Medal and he was awarded two of these medals. He was also awarded the Drivers Badge and Air Assault Badge. He completed Air Assault School in October 1989.
b. In January 1990, he attended the Jungle Warfare Training Course in Panama. He was supposed to relieve some of the units that were there for Operation Just Cause; however, due to bad weather by the time they got to Fort Sherman, Panama, the only thing left to do was to guard roads and train.
c. In August 1991, he attended the Jungle Warfare Training Course for a second time with his unit. In October 1991, he attended the Army Logistics College and completed the Defense Hazardous Materials Waste/Handling Course.
3. The applicant provides four orders and five 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 enlisted in the Regular Army on 8 September 1987 and he held military occupational specialty (MOS) 13B (Cannon Crewmember). He was assigned to the 7th Battalion, 15th Field Artillery, 7th Infantry Division (ID), Fort Ord, CA.
3. The applicant provides and his record contains the following permanent orders (PO) issued by Headquarters, 7th ID:
* PO 39-79, dated 28 February 1989, awarding him the Army Achievement Medal for the period 18 to 28 January 1989
* PO 206-107, dated 26 October 1989, awarding him the Drivers Badge for fulfilling the requirements for the award
* PO 228-87, dated 1 December 1989, awarding him the Army Achievement Medal (2nd Award) for the period 15 to 29 September 1989
* PO 239-88, dated 18 December 1989, awarding him the Air Assault Badge for fulfilling the requirements for the award
4. He also provides a:
* Certificate of Graduation, dated 27 October 1989, for successfully completing the Air Assault Course (2 weeks), at Fort Ord, CA
* Certificate of Achievement, dated 9 February 1990, for successfully completing the Jungle Warfare Training Course from 22 January to 9 February 1990 (3 weeks), at Fort Sherman, Panama
* Certificate of Achievement, dated 23 August 1991, for successfully completing the Jungle Warfare Training Course from 5 to 23 August 1991, at Fort Sherman
* U.S. Army Logistics Management College Certificate, dated 25 October 1991, for successfully completing the 40-hour (1-week) Defense Hazardous Materials Waste/Handling Course
5. He was honorably released from active duty on 3 May 1992.
6. Item 12f (Foreign Service) of the DD Form 214 he was issued does not indicate he had any foreign service. Item 14 (Military Education) contains the entry "None."
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbon Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Achievement Medal
8. His DA Form 2-1 (Personnel Qualification Record) that would show his record of assignments and any foreign service is not available for review with this case. His record is void of any orders that showed he served in Panama or any other foreign country.
9. 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. The regulation stated for:
a. Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214. For enlisted Soldiers, obtain the foreign service listed on the DA Form 2-1 to complete this entry.
b. Item 13 enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
c. Item 14 list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 by title, length in weeks, and month and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
10. This version of Army Regulation 635-5 is void of any provisions to enter the country and dates of any foreign service in item 18 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Army Achievement Medal (2nd Award), Drivers Badge, and the Air Assault Badge while his DD Form 214 only shows one award of the Army Achievement Medal. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. The evidence of record shows he successfully completed the 2-week Air Assault Course in October 1989 and the 1-week Defense Hazardous Materials Waste/Handling Course in October 1991. Therefore, he is entitled to correction of his DD Form 214 to show these courses.
3. With respect to the Jungle Warfare Training Course, formal in-service courses are listed on the DD Form 214 to assist in job placement. The governing regulation states training courses for combat skills are not listed on the DD Form 214. Therefore, he is not entitled to this portion of the requested relief.
4. With respect to showing his service in Panama, the regulation at the time did not contain any provisions to list any foreign service in item 18 of the DD Form 214. In addition, although he provided certificates that show he attended training in Panama, his record is void of his DA Form 2-1 that would verify the amount of any foreign service he completed during the period covered by his DD Form 214. In the absence of conclusive evidence that shows his foreign service and the amount of such foreign service, there is insufficient evidence to grant him this portion of 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 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 DD Form 214 as follows:
* delete from item 13 the Army Achievement Medal
* add to item 13 the Army Achievement Medal (2nd Award), Drivers Badge, and Air Assault Badge
* delete the current entry in item 14 and add the entries Air Assault Course, 2 weeks, October 1989 and Defense Hazardous Materials Waste/Handling Course, 1 week, October 1991
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 the Jungle Warfare Training Course and the amount of his foreign service.
_______ _ __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) AR20140010383
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