IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140011649 


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, his DD Forms 214 (Certificate of Release or Discharge from Active Duty), showing periods ending 16 August 2000 and 10 March 2005, be corrected to show the award of a Forces Command Certificate of Achievement, dated 14 July 2000, recognizing him for his induction into the Sergeant Audie Murphy Club.

2.  The applicant states he left active duty in 2000 and assumed his unit clerk would add this award to his DD Form 214.  This award was again missed following his release from active duty in 2005.  He noticed the error when he applied for benefits with the Department of Veterans Affairs (VA).

3.  The applicant provides a certificate of achievement and two DD Forms 214.

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 15 October 1997 and, following his initial training, was awarded military occupational specialty 11H (Anti-Armor Weapons Infantryman).  

3.  He was honorably released from active duty on 16 August 2000.  His DD Form 214 shows, for this period of service, he completed 2 years, 10 months, and 2 days of total creditable service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the following:

* Army Achievement Medal
* Noncommissioned Officer's (NCO) Professional Development Ribbon
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Ranger Tab
* Army Lapel Button
* Bronze German Armed Forces Parachutist Badge

4.  He enlisted in the Iowa Army National Guard (IAARNG) on 17 August 2000.  On 3 January 2004, he was mobilized in support of Operation Iraqi Freedom.  Following service in Iraq from 25 February 2004 to 12 February 2005, he was released from active duty.  

5.  His DD Form 214, with the period ending 10 March 2005, shows net active service for the period as 1 year, 2 months, and 8 days.  In addition to those awards and decorations shown in the earlier DD Form 214, the following are shown:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* NCO Professional Development Ribbon with Numeral 2

6.  National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the applicant was separated from the IAARNG on 11 August 2005.  His total net service shows as 4 years, 11 months, and 25 days.

7.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement and/or commendations.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the official military personnel file (OMPF).

8.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  It states, in pertinent part, item 13 is to show all federally recognized awards and decorations.  It does not mention the addition of certificates of achievement.

DISCUSSION AND CONCLUSIONS:

1.  As Army Regulation 600-8-22 states, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement of local design.  Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded are filed in the OMPF, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement.  Additionally, Army Regulation 635-8, the governing regulation for the completion of the DD Form 214, contains no provision to list a certificate of achievement.

2.  In light of the foregoing, there is insufficient evidence upon which to grant the relief requested. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  __x_____  ___x____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20140011649





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ABCMR Record of Proceedings (cont)                                         AR20140011649



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