RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 January 2006 DOCKET NUMBER: AR20050000908 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. Robert J. McGowan Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Mr. Thomas M. Ray Member Mr. Randolph J. Fleming Member 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 correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), Sharpshooter Marksmanship Badge (M-203), Combat Lifesaver Certificate, Personnel Security Certificate, and Tactical Driving Course. 2. The applicant states his unit erred in updating his records prior to discharge. 3. The applicant provides: a. His DD Form 214. b. His DA Form 20 (Personnel Qualification Record). c. Certificates and orders for the ARCOM and AAM. d. Certificate of Completion of Personnel Security Workshop. e. Certificate of Training for the Combat Lifesaver Course. f. One Certificate of Achievement, dated 21 October 1992. g. Two Certificates of Commendation, dated 25 September 1991 and 26 February 1992. h. DA Form 873 (Certificate of Clearance and/or Security Determination). i. OF 346 (US Government Operator's Permit). j. Temporary Duty Orders to attend "Lightfighter S-2 Course." CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 10 August 1993. The application submitted in this case is dated 10 December 2004 and was received 20 January 2005. 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 limitations 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 served in the Regular Army from 24 July 1990 to 10 August 1993 at which time he was honorably separated with 3 years and 17 days of creditable service. His DD form 214 shows he was awarded the Army Service Ribbon, National Defense Service Medal, Army lapel Button, and Marksman Marksmanship Badge (M-126 Rifle). It does not show any military education. 4. The applicant's records show he qualified as a Sharpshooter with the hand grenade (not the M-203 grenade launcher as he stated). 5. Army Regulation (AR) 635-5 (Separation 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 for listing decorations, medals, badges, citations and campaign ribbons awarded for all periods of service in the proper priority sequence. Certificates of commendation and letters of appreciation are not authorized to be included. It further states only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed by title, length in weeks, and year completed. DA PAM (Pamphlet) 351-4 (U.S. Army Formal Schools Catalog) lists all training courses authorized for inclusion on DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded the ARCOM for meritorious service from 20 April 1992 to 10 August 1993 by permanent Order 20-5, Headquarters, 9th Infantry Regiment, Fort Lewis, Washington. This award should be added to his DD Form 214. 2. The applicant was awarded the AAM for meritorious service from 6 February 1993 to 19 March 1993 by permanent Order 1-12, Headquarters, 1st Battalion, 9th Infantry Regiment, Fort Lewis, Washington. This award should be added to his DD Form 214. 3. On 30 August 1990, the applicant qualified as a sharpshooter with the hand grenade. The Sharpshooter Marksmanship Badge (Hand Grenade) should be added to his DD Form 214. 4. None of the educational training cited by the applicant qualifies for inclusion on the DD Form 214 as these classes are not listed in DA PAM 351-4. These classes cannot be added to the DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __wdp___ __tmr___ __rjf___ 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 and to excuse failure to timely file. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by showing that he was awarded the Army Commendation Medal, the Army Achievement Medal, and the Sharpshooter Marksmanship Qualification Badge (Hand Grenade). 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 the Combat Lifesaver Certificate, Personnel Security Certificate, and Tactical Driving Course. William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR20050000908 SUFFIX RECON DATE BOARDED 20060105 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT PLUS REVIEW AUTHORITY ISSUES 1. 107.0020 2. 107.0025 3. 107.0109 4. 5. 6.