IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140017681 


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 Certificates of Achievement
* Army Commendation Medal (ARCOM)(2nd Award)
* Valorous Unit Award (VUA)
* Meritorious Unit Commendation (MUC)

2.  The applicant states he received the second award of the ARCOM during his active duty service but his DD Form 214 only reflects one award of the ARCOM.  The VUA and the MUC were awarded to his unit for service in Iraq but the awards are not shown on his DD Form 214.

3.  The applicant provides a DD Form 214, two Certificates of Achievement, two ARCOM Certificates, Department of the Army General Orders (DAGO) Number 3, dated 6 November 2007, and his Enlisted Record Brief (ERB).

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 30 January 2002.

3.  Section IX (Assignment Information) of his ERB shows he was assigned to the 3rd Battalion, 502nd Infantry Regiment from 3 July 2002 to 15 September 2004.

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows he successfully completed the Primary Leadership Development Course (PLDC) on 5 November 2004.

5.  He was released from active duty on 29 January 2005.  His DD Form 214 shows in – 

	a.  Block 13 (Decorations, Medal, Badges Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* ARCOM
* Army Achievement Medal
* Army Good Conduct Medal 
* National Defense Service Medal 
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge
* Expert Infantryman Badge
* Air Assault Badge

	b.  Block 14 (Military Education) he completed PLDC.

6.  He provided two Certificates of Achievement that show he was awarded Certificates of Achievement on 31 May 2002 for exceeding the maximum Army Physical Fitness Test score of 300, and in July 2004, for outstanding performance during the U.S. Army Military Academy's Cadet Summer Training, 2004.

7.  He also provided two ARCOM Certificates that show he was awarded the first award of the ARCOM for service during the period 19 March through 7 June 2003, by Headquarters (HQ), 2nd Brigade, 101st Airborne Division, Permanent Orders Number 220-018, dated 9 August 2003.  He was awarded the second award of the ARCOM for service during the period 15 June 2002 through          29 January 2004, by HQ, 2nd Brigade, Fort Campbell, KY, Permanent Orders Number 351-013, dated 9 December 2004.

8.  DAGO Number 3, dated 6 November 2007, awarded the VUA to the 3rd Battalion, 502nd Infantry Regiment for service during the period 5 through 6 April 2003 and the MUC for service during the period 19 March through 1 October 2003.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCO Education System successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

10.  Army Regulation 600-8-22 does not identify certificates of achievement, letters of appreciation/commendation, and similar documents as items that are to be recorded on the DD Form 214.  

11.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service.  It provided that in block 13 of the DD Form 214, the preparer would list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding two Certificates of Achievement, a second award of the ARCOM, VUA, and the MUC was carefully considered.  
2.  The evidence shows he was awarded the first award of the ARCOM for service during the period 19 March through 7 June 2003 and the second award of the ARCOM for service during the period 15 June 2002 through 29 January 2004.  Both were properly awarded by Permanent Orders; however, only one award of the ARCOM is recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award).

3.  DAGO Number 3, dated 6 November 2007, awarded the VUA and MUC to the 3rd Battalion, 502nd Infantry Regiment for service during the applicant's period of assignment to this unit.  Therefore, his DD Form 214 should be corrected by adding these unit awards.  

4.  A DA Form 1059 shows he completed PLDC on 5 November 2004; therefore, he is authorized correction of his DD Form 214 to add the NCOPDR with Numeral 1.

5.  There are no provisions in current Army regulations that authorize the recording of Certificates of Achievement on the DD Form 214.  Therefore, there is no basis to grant 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:

	a.  deleting the Army Commendation Medal from his DD Form 214;

	b.  adding to his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Valorous Unit Award 
* Meritorious Unit Commendation
* Noncommissioned Officer Professional Development Ribbon with Numeral 1

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 adding two Certificates of Achievement to his DD Form 214.  



      ____________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)                                         AR20140017681



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ABCMR Record of Proceedings (cont)                                         AR20140017681



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