RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 February 2004                   
	DOCKET NUMBER:   AR2003088566

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Paul Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests several additions and corrections to his DD Form 214 (Certificate of Release or Discharge From Active Duty), dated 8 January 1996.

2.  The applicant states that his DD Form 214 should accurately reflect the honorable service he willingly provided for his country.  In that regard, he states that Block #13 (Decorations and Awards) should be corrected to include his retirement award of the Meritorious Service Medal (MSM) and two bronze service stars for wear on his Southwest Asia Service Medal (SWASM).  Block #14 (Military Education) should include the Mobile Subscriber Equipment NCS/LEN Operator Course - May 1992.  Additionally, the "from - to" dates of several courses already listed in Block #14 are listed as "UNK" (for unknown) and should be corrected.

3.  The applicant provides a statement and 10 enclosures, to include:  a copy of his DD Form 214; an approved Recommendation for Award of the MSM, dated 24 March 1999; and copies of diplomas and certificates for various courses.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of errors which occurred on 8 January 1996.  The application submitted in this case is dated 27 March 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant is a retired Sergeant First Class.  He was released from active duty on 8 January 1996 after 13 years, 5 months, and 25 days of service and placed on the Temporary Disability Retired List (TDRL).  On 10 September 1998, he was removed from the TDRL and permanently retired by reason of physical disability with a 30 percent disability rating.

4.  The applicant provided a copy of DA Form 638 (Recommendation for Award), dated 24 March 1999, showing that he was approved for award of the MSM.

5.  The applicant participated in Operation Desert Shield/Desert Storm and was awarded the SWASM.  His records show that he was credited with participating in two campaigns -- Defense of Saudi Arabia - 1990-1991 and Liberation and Defense of Kuwait - 1991.

6.  The applicant has attempted to provide documentation for various military educational courses shown on his DD Form 214 to indicate the "from - to" dates of those courses.  He has also provided proof that he completed the Mobile Subscriber Equipment NCS/LEN Operator Course which does not appear on his DD Form 214.

7.  Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It states, in pertinent part, that one bronze service star will be worn on a service medal to denote each campaign participation credit.  Thus, participation in two campaigns would warrant the wearing of two bronze service stars.

8.  AR 635-5 (Separations Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides that Block #14 of DD Form 214 will be used to record only formal, in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 by including the title, length in weeks, and year completed (emphasis added).  The only exceptions to full-time attendance are the Command and General Staff College and Senior Service Colleges completed by correspondence courses.

9.  DA Pamphlet (DA Pam) 351-4 (US Army Formal Schools Catalog) is the official source of information on formal courses of instruction offered at active U.S. Army Schools and Training Centers.  It defines a formal school course as one operated to support Army–wide requirements as distinguished from a course operated by a major command for the benefit of that command.  All courses described in DA Pam 351–4 are formal courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a signed and dated DA Form 638 to show he was awarded the MSM.  Therefore, he is entitled to have that award added to Block #13 of his DD Form 214.

2.  The applicant's records show that he participated in two campaigns during Operation Desert Storm.  Therefore, he is entitled to have Block #13 of his DD Form 214 corrected to show the SWASM with two bronze service stars.

3.  Block #14 of the applicant's DD Form 214 was not correctly completed when the applicant separated.  Army regulations prescribe that only formal courses listed in DA Pam 351-4 may be included in Block #14.  Many of the courses included on the applicant's DD Form 214 do not qualify as formal courses.  Those courses listed on the applicant's DD Form 214 that do qualify for inclusion in Block #14 are incorrectly entered in that they attempt to show a month and year of completion (i.e., APR 83) instead of simply the year.

4.  The Mobile Subscriber Equipment (MSE) NCS/LEN System Operator Course is not listed in DA Pam 351-4 as a formal Army course.  In fact, the applicant's certificate of training shows that it was a local Fort Bragg, North Carolina course and not an Army Signal School course.  This course is not authorized for inclusion on the DD Form 214.

5.  Although the applicant's DD Form 214 has unauthorized courses listed in Block #14, the Board will not harm the applicant by deleting them.  The Board will, however, direct that all courses listed in Block #14 conform to the format prescribed in Army regulations.

6.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.

BOARD VOTE:

__fne___  __jpi___  __kah___  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  Adding the MSM to Block #13 of his DD Form 214; and

	b.  Showing two bronze service stars for the SWASM.

2.  The Board also recommends that the existing entries in Block #14 of the subject DD Form 214 be placed in the correct format of " title, length in weeks, and year completed" as follows:  TITLE,  X WEEKS, 1983.

3.  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 inclusion of the Mobile Subscriber Equipment (MSE) NCS/LEN System Operator Course in Block #14 of DD Form 214. 

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088566	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.