IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015590 


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:

* two Army Achievement Medals 
* Air Assault Badge
* Armed Forces Expeditionary Medal 
* Certificate of Appreciation
* Certificate of Achievement
* high-mobility multipurpose wheeled vehicle (HMMWV) M998 qualification
* transportation of hazardous materials (HAZMAT) operator qualification
* 1 1/4 ton vehicle and below operator qualification
* foreign service credit

2.  The applicant states:

* the missing information was intentionally left off his DD Form 214 by his commander who would not correct it
* his DD Form 214 is incomplete because his commander hated him and wanted to punish him
* the remarks section of his DD Form 214 shows he was held past his expiration term of service (ETS) by his commander
* he is a homeless veteran suffering from bipolar disorder and post-traumatic stress disorder who just wants his life back to normal



3.  The applicant provides:

* DD Form 214
* Armed Forces Expeditionary Medal Certificate
* DA Form 638 (Recommendation for Award), dated 27 February 1998
* Army Achievement Medal Certificate
* DA Form 638, dated 4 December 1997
* Certificate of Achievement
* Certificate of Appreciation
* DA Form 348-E (Operator Qualification Record)
* Page 1 of his DA Form 2-1 (Personnel Qualification Record – Part II)
* Enlisted Record Brief (ERB)
* Medical Record Progress Notes, dated 24 June 2014

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 2 August 1995.

3.  A DA Form 348-E (Operator Qualification Record) shows his following equipment qualifications:

* 1 1/4 ton and below vehicle qualification on 16 July 1996
* HMMWV M998 qualification on 16 July 1996
* HAZMAT qualification on 19 December 1997

4.  On 4 December 1997, the applicant was recommended for award of the Army Achievement Medal for achievement from 24 October 1997 through 24 November 1997.  The DA Form 638 reflects the approval authority downgraded the recommended Army Achievement Medal to a Certificate of Achievement.
On 15 January 1998, the applicant was awarded a Certificate of Achievement in lieu of the Army Achievement Medal.

5.  His records reflect he was additionally awarded the following:

* Air Assault Badge on 6 November 1997 for successful completion of the standard Air Assault Course from 21 July 1997 through 4 August 1997
* Armed Forces Expeditionary Medal on 1 July 1998 for service from 24 April 1998 through 1 July 1998
* Army Achievement Medal on 27 February 1998 for achievement from 27 January 1998 through 23 February 1998
* Certificate of Appreciation, undated, signed by the Commander, 4406th Support Squadron (Provisional), Ahmed Al Jaber, Kuwait

6.  The applicant's Master Military Pay Account maintained by the Defense Finance and Accounting Service revealed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Saudi Arabia during the period 24 August 1998 through 21 June 1999.

7.  His ERB reflects his original ETS date as 1 August 1999.  It can be ascertained from Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, General Court-Martial Order Number 37, dated 27 October 1999, that he was retained beyond his original ETS date to accommodate his arraignment at a general court-martial hearing held on 8 October 1999.

8.  Subsequent to the court-martial, the applicant was honorably discharged on 3 November 1999 for completion of required service.  His DD Form 214 shows in:

* item 12f (Foreign Service) – "0000  00  00" (indicating no foreign service)
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar
* item 14 (Military Education) – "None//Nothing Follows"

9.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time, set policies, standards, and procedures providing for the orderly administrative separation of enlisted Soldiers.  Paragraph 1-24 stated a Soldier who is awaiting trial or result of trial by court-martial when he or she would otherwise be eligible for discharge or release from active duty will not be discharged or released until final disposition of the court-martial charges.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated:

	a.  Enter the total amount of foreign service completed during the period covered in item 12f.

	b.  List the decorations, medals, badges, citations, and campaign ribbons for all periods of service in the priority sequence specified in Army Regulation 
600-8-22 (Military Awards) in item 13.  Army Regulation 600-8-22 provides the order of precedence for awards and decorations.  Certificates of achievement, letters of appreciation, and similar documents are not listed, and thus not included on the DD Form 214.

	c.  List all formal in-service training (full-time attendance) courses successfully completed during the period of service covered in item 14, to include title, number of weeks, and year completed.  Operator qualification licenses are not included here.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was improperly held beyond his original ETS date was reviewed; however, he was appropriately retained beyond his ETS until the final disposition of his court-martial charges.

2.  The applicant's request to correct his DD Form 214 to show multiple awards, badges, certificates, licenses, training, and foreign service credit was carefully considered and found to have some merit.

3.  The applicant completed foreign service in Saudi Arabia from 24 August 1998 through 21 June 1999.  Therefore, it would be appropriate to correct his DD Form 214 to show this service in item 12f.

4.  Records indicate the applicant was awarded the Armed Forces Expeditionary Medal, Army Achievement Medal, and Air Assault Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards in item 13.

5.  The applicant completed the Air Assault Course from 21 July 1997 through 4 August 1997.  Therefore, it would be appropriate to correct his DD Form 214 to show this military education in item 14.

6.  While the evidence of record reflects the applicant was awarded a Certificate of Appreciation, a Certificate of Achievement in lieu of a recommended Army Achievement Medal, and obtained three equipment operator qualifications, regulatory guidance does not call for recording this information on the DD Form 214.  Therefore, there is no basis for correcting the applicant's DD Form 214 to show this information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  09  23,"

	b.  adding the following awards to item 13 of his DD Form 214:

* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Air Assault Badge

   c.  adding the entry "Air Assault Course, 2 weeks, 1997" to item 14 of his DD Form 214.

2.  The Board further determined 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 amending his DD Form 214 to reflect award of the:

* Army Achievement Medal for the period 24 October 1997 through 24 November 1997


* Certificate of Achievement, dated 15 January 1998
* Certificate of Appreciation, undated
* Equipment operator qualifications



      _____________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)                                         AR20140015590



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ABCMR Record of Proceedings (cont)                                         AR20140015590



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