IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140011145 


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 record to show he was awarded the Army Commendation Medal (ARCOM), twice awarded the Army Achievement Medal (AAM), and to add omitted military training.

2.  The applicant states that during out-processing he was told that no corrections would be made to his DD Form 214 (Certificate of Release or Discharge from Active Duty) due to the large number of Soldiers leaving the service.

3.  The applicant provides:

* his DD Form 214
* ARCOM and AAM orders with citation
* a Noncommissioned Officer Education System (NCOES) Basic Skill Education Program (BSEP) training certificate
* an Operator/Organizational, Limited Direct Support Maintenance training 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 enlisted in the Regular Army on 23 May 1984.

3.  The applicant provides:

	a.  Permanent orders (PO) 91-10, issued by Headquarters, U.S. Army South, Panama, dated 7 August 1989, awarding him the ARCOM, for meritorious service while serving with the 15th Engineer Company, 536th Engineer Battalion, Panama, for the period 4 April 1985 to 12 June 1989;

	b.  PO 14-30, issued by Headquarters, Task Force 420th, Honduras, dated 23 June 1990, awarding him the AAM for achievement as a combat engineer while attached to Task Force 420, Honduras, for the period 14 April to 23 June 1990;

	c.  PO 23-01, issued by Headquarters, 536th Engineer Combat Battalion (Heavy), Panama, dated 5 June 1992, awarded him the AAM with Oak Leaf Cluster (OLC), for achievement while deployed to Honduras, during the period 22 January to 28 May 1992;

	d.  Certificate of Training, Operator/Organizational, Limited Direct Support Maintenance, completed 21 November 1985, 40 hours (1 week); and

	e.  Certificate of Training, NCOES/BSEP, completed 29 May 1987, 109 hours (3 weeks).

4.  The 5th Personnel Service Company, Fort Polk, LA, issued PO 95-032, dated 27 June 1990, which awarded the applicant the Good Conduct Medal (2nd Award) for the period 22 May 1987 to 21 May 1990.

5.  He was honorably discharged from active duty on 29 September 1992.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Good Conduct Medal
* National Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon 
* Marksman Marksmanship Badge with Rifle(M-16) and Grenade bars

	b.  item 14 (Military Education):

* Construction Equipment Repairer, 7 weeks, October 1984
* Primary Leadership Development Course, 4 Weeks, May 1988

6.  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.

	a.  It states for item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

	b.  A more recent version of this regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  PO's awarded him the Good Conduct Medal (2nd Award) for the period 22 May 1987 to 21 May 1990, ARCOM, and AAM (OLC).  His DD Form 214 should be corrected to show these awards.

2.  He completed the Operator/Organizational, Limited Direct Support Maintenance and the NCOES/BSEP II courses during the period covered by his DD Form 214.  These courses should be listed on his DD Form 214. 

3.  The evidence shows he served twice in Honduras.  Though not required by regulatory policy at the time, it would be no harm in amending item 18 of his DD Form 214 by adding the following "SERVICE IN HONDURAS FROM 19900414 TO 19900623" and "SERVICE IN HONDURAS FROM 19920122 TO 19920528."  



BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 for the period ending 29 September 1992 to show in:

* item 13 -

* Army Good Conduct Medal (2nd Award)
* Army Commendation Medal
* Army Achievement Medal (2nd Award)

* item 14 -

* Operator/Organizational, Limited Direct Support Maintenance,1 week, November 1985 
* Noncommissioned Officer Education System/Basic Skill Education Program, 3 weeks, May 1987

* item 18 -

* SERVICE IN HONDURAS FROM 19900414 TO 19900623 
* SERVICE IN HONDURAS FROM 19920122 TO 19920528




      _______ _   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)                                         AR20140011145





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ABCMR Record of Proceedings (cont)                                         AR20140011145



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