BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160001967 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160001967 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: * adding award of the Bronze Star Medal to his DD Form 214 for the period ending 30 September 1992 * adding the Infantry Officer Basic Course,1985, to his DD Form 214 for the period ending 30 September 1992 2. The Board further determined 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 Air Medal and any additional military schooling to his 1985 or 1992 DD Forms 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. BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160001967 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 award of the Bronze Star Medal and Air Medal and additional military training as follows: * Infantry Officer Basic Course – 1985 * Jungle Warfare School – 1985 * Opposing Forces Weapons Course – 1986 * Combined Arms and Services Staff School, Phase I – 1991 2. The applicant states the aforementioned awards and military training were never recorded on his DD Form 214. He was separated from the service in 1992 and he received the awards at a later date. 3. The applicant provides: * DD Form 214 for the period ending 21 February 1985 * DD Form 214 for the period ending 30 September 1992 * Bronze Star Medal Certificate * Air Medal Certificate * Officer Record Brief * Certificate of Training * Infantry Officer Basic Course Diploma * Certificate of Course Completion 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 8 February 1984. On 21 February 1985, he was honorably discharged to accept a commission in the U.S. Army. His DD Form 214 for this period shows he completed the 14-week Officer Candidate Course in 1985 and he was awarded or authorized the Army Service Ribbon and the Army Good Conduct Medal. 3. The applicant was appointed as a Reserve commissioned officer of the U.S. Army and he entered active duty on 22 February 1985. 4. Permanent Orders 158-10 issued by the U.S. Total Army Personnel Command on 22 September 1992 awarded him the Bronze Star Medal for meritorious service during the period 21 April through 3 October 1991. 5. The applicant was honorably released from active duty on 30 September 1992. His DD Form 214 does not show award of the Bronze Star Medal or Air Medal. Item 14 (Military Education) of his DD Form 214 contains the following entries: * Aviation Officer Advanced – 1988 * Rotary Wing Aviator – 1989 * AH-64 Combat Aviator Qualification – 1989 6. The applicant provided: a. Air Medal Certificate showing he was awarded the Air Medal on 3 October 1995 for meritorious service in support of Operation Provide Comfort for the period 29 April through 2 October 1991; b. Certificate of Training showing he successfully completed the 40-hour Opposing Forces Weapons Course by the 203rd Military Intelligence Battalion; c. U.S. Army Infantry School diploma showing he successfully completed the Infantry Officer Basic Course on 19 July 1985; d. Certificate of Course Completion showing he successfully completed Phase I of the Combined Arms and Services Staff School on 3 May 1991; and e. Officer Record Brief showing he completed, among other military training, the Jungle Warfare School in 1986. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. All awards authorized and contained in the order of precedence in the Army's awards regulation will be entered. There are no provisions for entering letters or certificates of appreciation, achievement, or training on the DD Form 214. b. The Soldier's military education is obtained from the Soldier's record. The instructions state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed. c. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. Permanent orders awarded him the Bronze Star Medal for the period 21 April through 3 October 1991. His 1992 DD Form 214 does not reflect this award. 2. The applicant provided a copy of his Air Medal Certificate. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal. His records do not contain orders awarding him the Air Medal. 3. The regulation in effect at the time allowed for entering all non-combat skills training and education successfully completed during the period covered by the DD Form 214 in item 14 of the form. 4. The evidence shows he completed the Infantry Officer Basic Course in on 19 July 1985. His 1992 DD Form 214 does not reflect this training. 5. The applicant successfully completed the Opposing Forces Weapons Course and Jungle Warfare Training Course. These courses are clearly training courses for combat skills. In accordance with the regulation which governs the preparation of separation documents, training courses for combat skills are not listed on the DD Form 214. 6. The evidence also shows he completed Phase I of the Combined Arms and Services Staff School by correspondence in 1991. By regulation, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are entered 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) AR20160001967 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001967 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2