IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012137 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012137 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012137 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: * the Army Achievement Medal (3rd Award) vice Army Achievement Medal (1st Award) * that he successfully completed the Opposing Forces (OPFOR) Weapons Course, Platoon Confidence Course, and Jungle Warfare Training Course * two Certificates of Achievement 2. The applicant states he was awarded two additional Army Achievement Medals and certain school certificates that are not listed on his DD Form 214. 3. The applicant provides his DD Form 214 and nine certificates. 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 13 May 1980 and he held military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman). On 22 August 1980, he was assigned to Company C, 1st Battalion (BN), 13th Infantry Regiment, Germany. 3. He provides a: * certificate, undated, stating he successfully completed the Platoon Confidence Training, Class 11-82, given by the Special Forces Detachment, Europe * Certificate of Achievement, dated 25 January 1982, he was awarded for achieving a Soldier Qualification Test (SQT) score of 100 percent (%) during Fiscal Year 1981 (FY81), given by the 1st BN, 13th Infantry * Certificate of Achievement, dated 28 July 1982, he was awarded for achieving an SQT score of 100% during FY82, given by the 1st BN, 13th Infantry 4. On 24 September 1982, he was assigned to Company D, 1st BN, 501st Infantry Regiment, 101st Airborne Division, Fort Campbell, KY. 5. He provides a: * certificate, undated, stating he successfully completed the OPFOR Weapons Course, given by the 203rd Military Intelligence BN, Aberdeen Proving Ground, MD * certificate, dated 10 March 1983, stating he successfully completed the Jungle Warfare Training Course, given by the Jungle Operations Training Center, Fort Sherman, Panama * certificate, dated 4 March 1983, showing he was awarded the Army Achievement Medal for exceptionally meritorious service during the annual general inspection while serving as the assistant armorer with Company D, 1st BN, 501st Infantry * certificate, dated 11 July 1983, showing he was awarded the Army Achievement Medal for exceptionally meritorious achievement from 1 February 1983 to 31 March 1983 while serving as assistant armorer with Company D, 1st BN, 501st Infantry * certificate, dated 8 April 1984, showing he was awarded the Army Achievement Medal for exceptionally meritorious service from 6 September 1983 to 12 May 1984 while serving as a gunner and armorer with Company D, 1st BN, 501st Infantry 6. He was honorably released from active duty on 12 May 1984 and he was transferred to the U.S. Army Reserve. His DD Form 214 shows the: * Army Good Conduct Medal * Overseas Service Ribbon * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Army Achievement Medal * Air Assault Badge * Expert Marksmanship Qualification Badge with Pistol Bar 7. Item 14 (Military Education) of his DD Form 214 shows the: * Eagle Logistics Course, 1 week, February 1983 * Unit Armorer Course, 1 week, January 1983 8. His record is void of orders awarding him the Army Achievement Medal (2nd Award) or Army Achievement Medal (3rd Award). 9. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) lists only one award of the Army Achievement Medal. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) then in effect stated to list awards and decorations for all periods of service on the DD Form 214. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214. In item 14 list formal in-service (full-time attendance) training courses of at least 40 hours (1 week) successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 2. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. Although the applicant provides certificates that show he received three awards of the Army Achievement Medal, his record is void of orders showing he was awarded the Army Achievement Medal (3rd Award). The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Achievement Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Army Achievement Medal (3rd Award). 2. With respect to the Platoon Confidence Training, it is unknown if this course was training for combat skills and there is no evidence that shows the course was a full-time training course of at least 1 week duration. 3. With respect to the OPFOR Weapons Course, Jungle Warfare Training Course and Certificates of Achievement for achieving SQT scores of 100%, the governing regulation states training courses for combat skills and certificates of achievement and like documents are not listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012137 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012137 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2