IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015102 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the addition of:

* Army Commendation Medal
* Jumpmaster School
* Danish Scout Swim School, 4 weeks
* Basic Russian Language Course, 11 weeks (1983)

2.  The applicant states his DD Form 214 is missing the Army Commendation Medal, his successful graduation from Jumpmaster School, Danish Scout Swim School and his basic Russian Language Course.  He states at the end of his discharge, he did not catch these errors and wants them to be a permanent part of his record.

3.  The applicant provides:

* Army Commendation Medal Certificate for the period 1 June 1978 to 31 July 1985
* Permanent Orders (PO) Number 151-08, dated 4 September 1985, issued by Headquarters, Fort Devens awarding the applicant the Army Commendation Medal for the period 1 June 1978 to 31 July 1985



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 19 July 1977.  After completing initial training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He was awarded MOS 18B (Special Forces Weapons Sergeant) on 17 September 1984.  The highest rank/grade held was sergeant/E-5.

3.  On 9 July 1985, he was honorably discharge from active duty upon his expiration of his term of service.  His DD Form 214 shows 7 years, 11 months, and 21 days of net active creditable service.  

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized:

* Army Good Conduct Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 1
* Army Service Ribbon
* Senior Parachutist Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Lebanese Merit

	b.  Item 14 (Military Education) shows:

* Basic Airborne Course (1977)
* Special Forces Qualification Course (1978)
* Primary NCO Course (1979)
* Basic Russian Language Course, 11 weeks (1979)
* Basic Russian Language Course, 47 weeks (1982)

4.  His records contain PO Number 21-1, dated 22 February 1985, issued by U.S. Army John F. Kennedy Special Warfare Center, which awarded the applicant the Special Forces Tab.  Also shown is a letter, dated 12 October 1984, sent by U.S. Army Military Personnel Center, which states the applicant is authorized to wear the foreign award of The Order of the Lebanese Merit, 4th Degree.

5.  His DA Form 2-1 (Personnel Qualification Record - Part II) does not contain entries supporting the successful completion of the following:

* Jumpmaster School
* Danish Scout Swim School, (4 weeks)
* Basic Russian Language Course, 11 weeks (1983)

6..  The applicant provides orders showing he was awarded the Army Commendation Medal.  He does not provide, nor does his record contain, any documentation supporting his contention he successfully completed Jumpmaster school, Danish Scout Swim School, or Basic Russian Language Course.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policy and procedures for completion of the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The source documents for completion of the DD Form 214 include those documents officially filed in the official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Army Commendation Medal and all his military training be reflected on his DD Form 214 for the period ending 9 July 1985.  He provides PO which verifies the award of the Army Commendation Medal, but offers no supporting documentary evidence for the military training.  Additionally, his records are void of any documents which show he successfully completed the training as he contends.  Based upon this, his DD Form 214 should be amended to show the award of the Army Commendation Medal only.

2.  His records show he was awarded the Special Forces Tab, but this recognition is absent from his DD Form 214.  Item 13 of his DD Form 214 reflects the award of the Lebanese Merit, but appears the correct name of this award is The Order of the Lebanese Merit, 4th Degree.  His DD Form 214 should be corrected to properly show both awards.
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 block 13 of his DD Form 214 to show the following:

	a.  Delete the entry showing Lebanese Merit.

	b.  Add the following:

* Army Commendation Medal
* Special Forces Tab
* The Order of the Lebanese Merit, 4th Degree

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 successful completion of the following:

* Jumpmaster School
* Danish Scout Swim School, (4 weeks)
* Basic Russian Language Course, 11 weeks (1983)




      _______ _  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)                                         AR20140015102



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ABCMR Record of Proceedings (cont)                                         AR20140015102



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