IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013306 


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, the following:

* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 7 (Last Duty Assignment and Major Command) - Reserve places of duty at Fort Hamilton and Brooklyn, NY
* Item 12e (Total Prior Inactive Service) - his Reserve and inactive service after 1988
* Item 12f (Foreign Service) - deployment to Honduras
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - the Army Achievement Medal and various medals
* Item 14 (Education and Training Completed) - all training he completed
* Item 18 (Remarks) - boxing and sound blast injuries

* assignment of a legal advocate by the Board

2.  The applicant states:

   a.  In effect, his DD Form 214 is missing various medals, badges, and honors. His boxing and sound blasts injuries are not noted.  His Reserve service and his decision based on medical disabilities not to reenlist after his honorable discharge are also not listed.  

   b.  After his honorable discharge in 1988 he served in the U.S. Army Reserve (USAR) and he was assigned at Fort Hamilton and Brooklyn, NY. The Army Achievement Medal should have been issued to him for this service and the “hand to hand and/or the boxing badge” should have been awarded to him.  Also, his company deployed to Honduras (a combat theater).

   c.  In effect, his delay in applying for correction of his DD Form 214 should be excused due to multi-concussion syndrome affecting the process.  He needs and requests legal assistance to help him gather evidence.  He currently has a Department of Veterans Affairs (VA) claim pending.

3.  The applicant provides no additional evidence.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the USAR Delayed Entry Program (DEP) on 7 December 1984.  He was discharged from the DEP on 23 January 1985.

3.  He enlisted in the Regular Army, in pay grade E-1, on 24 January 1985, for 3 years.   He was awarded military occupational specialty 31H (multichannel communications equipment operator).  

4.  A Certificate of Training shows he successfully completed 40 hours of driver's training on 20 September 1985.

5.  He was honorably released from active duty in pay grade E-4 on 12 January 1988 at his expiration of term of service (ETS), and he was transferred to the 343rd Evacuation Hospital, Fort Hamilton, NY.  He was credited with completing 2 years, 11 months, and 29 days of active service.  His DD Form 214 lists in:

* Item 7 - Company A, 25th Signal Battalion, U.S. Army Forces Command
* Item 12e - 1 month and 17 days
* Item 12f - zero credit
* Item 13 - 

* Army Service Ribbon
* Army Label Button
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars
* Army Good Conduct Medal

* Item 14 - 

* Multichannel Communications Equipment Operator Course, 14 weeks, July 1985
* Noncommissioned Officer (NCO) Professional Developmental Course, 2 weeks, December 1986

* Item 18 - DEP:  7 December 1984 through 23 January 1985

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) - shows in:

* Item 5 (Overseas Service) - no entries
* Item 9 (Awards and Decorations) - Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars
* Item 17 (Civilian Education and Military Schools) - the Multichannel Communications Equipment Operator Course and NCO Professional Developmental Course
* Item 35 (Record of Assignments) - upon completion of basic combat training and advanced individual training he was assigned to:

* 19th Replacement Detachment, Fort Bragg, NC, from 4 to 8 August 1985
* Company A, 25th Signal Battalion, Fort Bragg, from 9 August 1985 through 22 January 1988

7.  Headquarters, 77th USAR, issued Orders Number 1874-019, dated 31 May 1988, ordering him to annual training (AT) from 18 June through 2 July 1988 and
Orders Number 183-064, dated 5 June 1989, ordering him to AT from 12 to 26 August 1989.

8.  Orders Number D-06-520368, issued by the U.S. Army Human Resources Command on 21 July 2005, honorably discharged him from the USAR on 21 June 2005.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty.  The regulation stated:

* Item 7 - would list the last unit of assignment and major command
* Item 12a - would list the beginning date of the continuous period of active duty for the issuance of the DD Form 214
* Item 12b - would list the transition date
* Item 12e - from previously issued DD Forms 214 would list the total amount of prior inactive service and DEP time that began prior to 
1 January 1985
* Item 12f - would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - would list all decorations awarded and authorized
* Item 14 - would list formal in-service training courses successfully completed during the period covered by the DD Form 214
* Item 18 – would list the inclusive period of DEP time

10.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 3-1 of the regulation stated in accordance with Title 10, U.S. Code, section 1168, a discharge certificate or certificate of release from active duty (DD Form 214) would be given to each Soldier of the Army upon discharge from the Service or release from active duty when they are honorably discharged.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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.

12.  Army Regulation 15-185 (ABCMR) governs the ABCMR.  Paragraph 7 of the regulation states an applicant may be represented by counsel at the applicant’s own expense.  


DISCUSSION AND CONCLUSIONS:

1.  With regard to item 14 of the applicant's DD Form 214, the evidence shows he completed 40 hours of driver's training on 20 September 1985.  Therefore, his DD Form 214 should be corrected to show this course.

2.  With regard to award of the Army Achievement Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal. His service records give no indication he was recommended for or awarded the Army Achievement Medal during his period of service.  Therefore, there is an insufficient evidentiary basis for adding an Army Achievement Medal to his DD Form 214.

3.  With regard to item 7 of this DD Form 214:

   a.  The evidence shows his last duty assignment during the period covered by this DD Form 214 was Company A, 25th Signal Battalion.  This information is properly listed in item 7 of his DD Form 214.  

   b.  He was transferred to the 343rd Evacuation Hospital, Fort Hamilton, NY and served there after the period covered by the DD Form 214.  There are no provisions for listing duty assignments occurring after the period covered by a DD Form 214.  Therefore, he is not entitled to this portion of the requested relief. 

4.  With regard to item 12e of this DD Form 214:

   a.  The evidence shows he served in the DEP from 7 December 1984 through 23 January 1985, a period of 1 month and 17 days.  This information is properly listed in items 12e and 18 of his DD Form 214.

   b.  There is no evidence and he provided none showing he had any prior inactive service before his entry in the DEP.  The evidence shows he served on AT in June and July 1988 and in August 1989, which was after his period of active duty from January 1985 to January 1988.  He has not shown item 12e contains an error.  Therefore, there is insufficient evidence to support correction of item 12e of this DD Form 214.  

5.  With regard to item 12f of this DD Form 214, there is no evidence and he provided none showing he performed any overseas service during the period covered by this DD Form 214.  He has not shown item 12f contains an error.  Therefore, there is insufficient evidence to support to correction of item 12f of this DD Form 214.  
6.  With regard to item 13 of this DD Form 214, there is no evidence and he provided none showing he was awarded or authorized the Army Achievement Medal and any other awards during his period of active duty.  Therefore, there is insufficient evidence to support granting him the requested relief.

7.  With regard to item 18 of this DD Form 214:

   a.  A DD Form 214 is issued to provide a brief, clear-cut record of active duty service at the time of release from active duty.  By regulation, there are no provisions for listing any awards, training, injuries, or Regular Army or USAR service, etc., obtained/performed after the period covered by the DD Form 214.

   b.  The evidence shows all pertinent information which occurred during the period covered by this DD Form 214 has been properly listed.  In view of the foregoing, he is not entitled to the requested relief.

8.  With regard to assignment of a legal advocate by the Board, it is not now and has never been the Board's policy to assign/provide applicants with legal representation on matters before the Board or the VA.  The ABCMR's governing regulation states applicants may be represented by counsel at their own expense.  As such, an applicant may obtain legal representation on their own.

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 adding to item 14 of his DD Form 214 the entry "Driver's Training Course, 1 week, September 1985."


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:

* award of the Army Achievement Medal and its addition to his DD Form 214
* correction of items 7, 12d, 12e, 13, and 18 of this DD Form 214
* the ABCMR assigning him legal representation on matters before the Board or the VA



      ____________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)                                         AR20140013306





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ABCMR Record of Proceedings (cont)                                         AR20140013306



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