ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 April 2019

	DOCKET NUMBER:  AR20170014242


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty), dated 13 March 1979, to show the following:

* Army Commendation Medal
* Retired rank of captain (CPT/O3)
* Completion of United States Army Special Forces (SF) Special Qualification Identifier (SQI)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Army Commendation Medal award certificate
* Course completion verification memorandum
* Statement from 7th SF Group (Airborne) Evaluator
* DA Form 2496 (Disposition Form), recommendation for award of SQI S 
* DA Form 2496, Detachment commanders evaluation of flash qualification candidate
* Orders D141-22, United States Army Reserve (USAR) relieved from duty 
* Applicant letter to company commander

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 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 his DD Form 214 does not reflect his Army Commendation Medal, retired rank of CPT, and the SF SQI S.

3.  The applicant provides:

	a.  A copy of an Army Commendation Medal certificate, dated 4 April 1979.  It does not contain a general order number and there are no accompanying general/permanent orders.  The award period is from February 1976 to March 1979.

	b.  Course completion verification memorandum states that the applicant completed all requirements of the Reserve Component SF Qualification Course (QC) Phase III on 27 March 1981.

	c.  Statement from 7th SF Group (Airborne) Evaluator states that the applicant participated in the JRFTX Boarder Star 81 at Fort Bliss, TX and Big Bear, CA on 28 March thru 9 April 1981.  The evaluator states that the applicant performed his duties as executive officer in an outstanding manner.

	d.  DA Form 2496, recommendation for award of SF SQI S.  The basis for recommendation are as follows:

* awarded military occupational specialty 15-42 on 20 May 1975
* parachutist qualified on 23 September 1975
* completed the Reserve Component SFQC on 27 March 19981
* completed 10 day UW FTX during Black Condor II from 28 March to 11 April 1981 in accordance with paragraph A-4B, TRADOC Regulation 135-5, dated 10 March 1974

	e.  DA Form 2496, Detachment commanders evaluation of flash qualification candidate (10 day UW FTX during Black Condor II from 28 March to 11 April 1981).

	f.  Orders D141-22, USAR relieved from duty due to permanent physical disability incurred as a result of injury while entitled to basic pay and placed on the retired list on 4 September 1984.

	g.  Applicant letter to company commander requesting certificates of courses completed and designations.  The applicant states that he completed the Basic Officers Course, attended and completed his phase of the field exercise in order to receive his flash and diploma in the summer of 1981.  He states that he received his personnel file in the mail and discovered his paperwork never was processed.

4.  A review of the applicant’s service record shows the following:

	a.  Having prior enlisted service on active duty, he was appointed as a second lieutenant in the USAR and entered active duty on 20 May 1975.  

	b.  He was promoted to first lieutenant (1LT) on 20 May 1977.

	c.  He was honorably released from active duty and transferred back to the USAR on 13 March 1979.  His DD Form 214 shows in:
* item 6a (Grade, Rate or Rank) and item 6b (Pay Grade), O2 and 1LT
* item 7 (Date of Rank), 20 May 1977
* item 26, (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or authorized), Good Conduct Medal, National Defense Service Medal, Expert Infantry Badge, Parachutist Badge, and Ranger Tab
* item 27 (Remarks), Military Education listed as follows:  Intelligence Analyst Course, Chinese-Mandarin Language, BIOCC, Ranger Class #3, Infantry Officer Basic Course, and Airborne Class #3

5.  His service record is void of any orders awarding the Army Commendation Medal.

6.  By regulation, the Army Commendation Medal is awarded for heroism, meritorious achievement or meritorious service.  Award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in permanent orders.

7.  By regulation, 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, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

* In items 6a and 6b, enter the active duty grade and pay grade at the time of separation
* in item 27, enter in-service training courses successfully completed during the period of service

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the service record, the Board concluded that the evidence available shows the applicant received an Army Commendation Medal which currently is not reflected on his DD Form 214.

Additionally, the documentary evidence available shows that the applicant completed all requirements of the Reserve Component Special Forces Qualification Course and should be awarded the additional skill identifier of “S”.  for that reason, the Board recommended granting that portion of the request relating to the completion of United States Army Special Forces (SF) Special Qualification Identifier (SQI).


However, because the applicant was promoted to the rank of Captain while serving in the USAR, had no other active duty service after being promoted to the rank of Captain, and the DD Form 214 only captures active duty service of military service members, the Board found that the information on the DD Form 214 of the applicant relating to rank was correct and no change pertaining to rank was appropriate. 

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 the Army Commendation Medal (ARCOM)
* show the completion of the Reserve Component Special Forces Qualification Course on the applicant’s DD Form 214
* add the Additional Skill Identifier “S” to the applicant’s MOS
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 the appeal that pertains to changing his DD Form 214 to reflect the rank of Captain.
	 
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) 672-5-1 (Military Awards), in effect at the time, states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  Awards of decorations will be announced in permanent orders by the commanders authorized to make the awards.

3.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, states for items 6 a (Grade, Rate or Rank), and 6 b (Pay Grade), enter the grade or rank and pay grade will be the active duty grade and pay grade at the time of separation.  For item 27 (Remarks), enter in-service training courses successfully completed during the period of service.


ABCMR Record of Proceedings (cont)	 AR20170014242


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