ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170001629 APPLICANT REQUESTS: * a personal appearance before the Board * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his U.S. Army commission * his Honorable Discharge Certificate * completion of the U.S. Army Infantry School * completion of U.S. Army Engineer School * completion of Nuclear, Biological, Chemical (NBC) Chemical Defense School * award of the Army Achievement Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Standard Form (SF) 88 (Report of Medical Examination) * Letter from Central Intelligence Agency (CIA) * Promotion Certificate to second lieutenant (2LT) * Certificate of Training from the NBC Defense Officer Course * Two Certificates of Appreciation from the 76th Division * Graduation Certificate from the Infantry Officer Basic Course * Certificate of Completion from the Engineer Refresher Course * Honorable Discharge Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states while stationed at Fort Benning, GA, he deployed for special operations training and support of Contra Insurgent training. A clandestine training post was established and was a vital human element of intelligence collection in addition to training of infantry tactics, radio communications, and small arms training that were imperative to the mission. Although a great deal of this training was conducted at Fort Benning, GA, he was attached to the officers of the Contras that were deployed for assignment which is still classified. 3. The applicant provides: a. A SF 88, dated 12 June 1982, which shows he completed an examination as a cadet and was qualified for Ranger, Airborne, and Air Assault training. b. A letter from the CIA, dated 28 October 1982, which shows the applicant inquired about the agency and the deputy director for recruitment and placement responded to the applicant reference his future education and his career. c. A Promotion Certificate to 2LT, dated 31 January 1985. d. A Certificate of Training, dated 5 May 1985, which shows the applicant completed the NBC Defense Officer Course. e. A Certificate of Appreciation from the 76th Division, dated 1 June 1985 to 15 August 1985 for the applicant’s outstanding support of Onaway Eagle at Fort Campbell, KY. f. A Graduation Certificate, dated 1 June 1987, which shows the applicant completed Infantry Officer Basic Course at Fort Benning, GA. g. A Certificate of Achievement from the 76th Division, dated 31 August 1990, which shows the applicant’s exceptional duty performance while assigned to the unit. h. A Certificate of Completion, dated 18 September 1992, which shows the applicant completed the Engineer Refresher Course. i. An Honorable Discharge Certificate, dated 11 May 1993, which shows the applicant was honorably discharged from the U.S. Army Reserve (USAR) as a first lieutenant. 4. A review of the applicant’s service records show: a. He enlisted in the USAR on 6 February 1981. He subsequently entered the Reserve Officer Training Course on 25 September 1981. b. He was appointed as a Reserve commissioned officer on 31 January 1985. c. He entered active duty for training (ADT) on 7 February 1987. He completed the Infantry Officer Basic Course on 1 June 1987. He was released from ADT on 2 June 1987. His DD Form 214 shows he completed 3 months and 26 days of active service. It also shows in: * item 4a (Grade, Rate, or Rank), 2LT * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * item 14 (Military Education), Infantry Officer Basic Course 4-87/16 weeks/8706 * item 24 (Character of Service), Honorable * item 28 (Completion of period of ADT) d. He was honorably discharged from the USAR on 11 May 1993. e. His record is void of documentation showing that the applicant deployed, completed Engineer School, NBC Chemical Defense School for which he was issued a DD Form 214 subsequent to his period of ADT and that he was awarded the Army Achievement Medal. f. By regulation: (1) The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty. It states for: * item 4a, enter active duty grade of rank and pay grade at time of separation * item 13, self-explanatory * item 14, list in-service training courses; title, number of weeks, year successfully completed during this period of service; this information is to assist the member after separation in job placement and counseling, therefore, training courses for combat skills will not be listed * item 24, authorized entries are: honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined, not applicable * item 28, enter the reason for separation based on the regulatory or statutory authority (2) The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. Awards of decorations will be announced in Permanent Orders by the appropriate awards approval authority. (3) An applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant appears to be sufficient to render a fair and equitable decision at this time. A personal appearance hearing does not seem necessary to serve the interest of equity and justice in this case. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His DD Form 214 covers the period 7 February 1987 through 2 June 1987. The separation document will reflect circumstances as they were at the time of his release from active duty. His DD Form 214 shows the Infantry Officer Basic Course already. The Board agreed the other requested relief occurred outside the period covered by the DD Form 214. Therefore, no error or injustice was present which would warrant making a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It explains separation document preparation. It states in paragraph 5-1 (When to prepare the DD Form 214 (Certificate of Release or Discharge from Active Duty)), the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time or release from active duty, retirement, or discharge. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, provides instruction for preparing the DD Form 214. It states for: * item 4a (Grade, Rate or Rank), enter active duty grade of rank and pay grade at time of separation * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), self-explanatory * item 14 (Military Education), list in-service training courses; title, number of weeks, year successfully completed during this period of service; this information is to assist the member after separation in job placement and counseling, therefore, training courses for combat skills will not be listed * item 24 (Character of Service), authorized entries are: honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined, not applicable * item 28 (Narrative Reason for Separation), enter the reason for separation based on the regulatory or statutory authority 4. AR 600-8-22 (Military Awards), in effect at the time, provides policy, criteria, and administrative instructions concerning individual military decorations. It states in: a. Paragraph 1-27 (Announcement of awards), awards of decorations will be announced in Permanent Orders by the appropriate awards approval authority. b. Paragraph 3-19 (Army Achievement Medal), The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. Awards of decorations will be announced in Permanent Orders by the appropriate awards approval authority. 5. AR 15-185 (ABCMR), currently in effect, provides policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. It states in paragraph 2-11 (ABCMR hearings), applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001629 5 1