IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20220003146 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect all his awards, certificates, and training courses. He also requests a personal appearance. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement in Support of Claim * DD Form 214 and DD Form 215 (Correction to DD Form 214) * DA Form 638 (Recommendation for Award) and Certificate for Army Commendation Medal * 3 Certificates of Achievement and 3 Certificates of Training FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 the Vanguard Certificate of Achievement serving with the 4th Engineer Battalion, and the Certificate of Achievement with Company D, 35th Engineer Battalion, 1st Engineer Brigade "Engineer Trailblazer" were not entered on his DD Form 214. He was discharged too quickly with a 3-day notice and no time for correction. His awards, training, and achievements were not entered on his DD Form 214. 3. The applicant's records contain sufficient evidence to support additional awards of training courses not shown on his DD Form 214. His DD Form 214 for the period ending 27 January 2005 will be administratively corrected without Board action to show in: * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Commendation Medal * Block 14 (Military Education) Combat Engineer Course, 5 weeks, 2003; and Combat Engineer Heavy Track Course, 2 weeks, 2003 4. The Board will consider his remaining certificates of achievement and remaining certificates of training. 5. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 3 January 2003. He completed one station unit training and was awarded military occupational specialty 12B (Combat Engineer). b. He provides a DA Form 5286-R (One Station Unit Training) that shows he completed advanced individual training for award of MOS 12B from 14 March 2003 to 18 April 2003 (5 weeks). c. He also provides a Certificate of Training, undated, that shows he completed 12B Combat Engineer Heavy Track Course from 22 April to 8 May 2003, 96 hours (2 weeks). d. He served in Kuwait/Iraq from 20 June 2003 to 19 March 2004. e. He provides a DA Form 638 and Certificate that show Permanent Order Number 356-65, issued by Headquarters, 3rd Brigade Combat Team, awarded him the Army Commendation Medal for service from 7 April 2003 to 31 December 2003 with A Company, 4th Engineer Battalion. f. He was discharged on 27 January 20105 due to a pattern of misconduct with a general discharge. His DD Form 214 shows he completed 2 years and 245 days of active service. It also shows in: (1) Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Badge with Rifle Bar (2) Block 14 (Military Education) shows the entry "None" d. On 18 March 2016, he was issued a DD Form 215 that corrected his DD Form 214 by adding the Valorous Unit Award. 6. The applicant provides: * Vanguard Certificate of Achievement for outstanding achievement with 4th Engineer Battalion in Iraq * Certificate of Achievement, 18 April 2003, for meritorious achievement as a combat engineer with Company D, 35th Engineer Battalion. * Certificate of Achievement, as outstanding Soldier of Company D, 35th Engineer Battalion. * Certificate of Training, 29 May 2003, shows he completed 8 hours of Financial Training 7. By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. * Block 13: List all federally recognized awards and decorations for all periods of service * Block 14: List all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours’ duration 8. Although copies of certificates of achievement or appreciation may be in the official record, there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement/appreciation and there is no provision to list a certificate of achievement on the DD Form 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered through counsel the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined per regulatory guidance there is no authorization to list certificate of achievement on the DD Form 214. The Board agreed there is no distinguishing device authorized for wear to indicate receipt of a certificate of achievement/appreciation. Furthermore, certificates of training are not annotated on the DD form 214. Based on the regulatory guidance, the Board determined there was insufficient evidence to support correction of his DD Form 214 to reflect his certificates of training and or achievements. Therefore, relief was denied. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows his DD Form 214 omitted awards or military education. His DD Form 214 for the period ending 27 January 2005 will be administratively corrected without Board action to show in: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Commendation Medal b. Block 14 (Military Education) Combat Engineer Course, 5 weeks, 2003; and Combat Engineer Heavy Track Course, 2 weeks, 2003 REFERENCES: 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 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. 2. Army Regulation 635-8 (Separation Processing and Documents) states 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 REFRAD, retirement, or discharge. a. Block 13: Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized. List all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or State level awards. b. Block 14: Military Education. List all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. 3. Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement. Commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design. Certificates of achievement will be issued under such regulations as the local commander may prescribe. If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003146 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1