20060011311C071029

							                          DEPARTMENT OF THE ARMY
                      BOARD FOR CORRECTION OF MILITARY RECORDS
                          1901 SOUTH BELL STREET 2ND FLOOR
                               ARLINGTON, VA 22202-4508




                         RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    6 March 2007
      DOCKET NUMBER: AR20060011311


      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. Gerard W. Schwartz                              Acting Director
       Mr. Joseph A. Adriance                              Analyst

      The following members, a quorum, were present:

       Mr. James E. Anderholm                              Chairperson
       Mr. Scott W. Faught                                 Member
       Mr. Roland S. Venable                               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).
ABCMR Record of Proceedings (cont)                                 AR20060011311

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his final separation document (DD Form
214), dated 19 January 1984, be corrected by adding an Achievement Medal for
1984, the 2nd Award of the Army Good Conduct Medal (AGCM), an Expert
Marksmanship Qualification Badge with Hand Grenade Bar, and the Food
Service Primary Technical Course he completed.

2. The applicant states, in effect, he believes that all the awards and decorations
he received and the military education he completed during all periods of active
duty service were left off his final DD Form 214.

3. The applicant provides the following documents in support of his application:
AGCM Orders; Grenade Qualification Scorecard; Academic Evaluation Report
(AER), dated 26 February 1983; Food Service Specialist Primary Technical
Correspondence Course Certificate; and Certificate of Participation, dated
November 1982.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an alleged error or injustice that
occurred on 19 January 1984, the date of his final separation. The application
submitted in this case is dated 7 August 2006.

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's record shows he initially enlisted in the Regular Army (RA)
and entered active duty on 28 June 1977. He was trained in, awarded, and
served in military occupational specialty (MOS) 94B (Food Service Specialist).

4. On 27 June 1980, the applicant was honorably separated, at the completion
of his required active duty service. The DD Form 214 he was issued at the time
shows he completed 3 years of active military service, and he held the rank of
specialist four (SP4).



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ABCMR Record of Proceedings (cont)                            AR20060011311

5. The applicant's 27 June 1980 DD Form 214 also shows, in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) that he earned the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar. Item 14 (Military Education) contains an entry confirming he
completed an 8-week Food Service Specialist course in 1977. The applicant
authenticated this document with is signature in Item 21 (Signature of Member
Being Separated) on the date of his separation.

6. On 20 January 1981, the applicant enlisted in the RA and reentered active
duty. The Personnel Qualification Record (DA Form 2-1) prepared on the
applicant on 21 January 1981, confirms he completed an overseas tour in Korea
from 20 February 1981 through 9 February 1982.

7. Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
shows that during his active duty tenure, he earned the AGCM, Army Service
Ribbon (ASR), Overseas Service Ribbon (OSR), Noncommissioned Officer
Professional Development Ribbon (NCOPDR) with Numeral 1, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Item 17 (Civilian
Education and Military Schools) contains entries showing he completed the
8-week Food Service Specialist Course in 1977 and the 9-week Primary
Leadership Development Course (PLDC) in 1979

8. The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 1st Cavalry Division Permanent Orders Number 162-52, dated
22 November 1983. These orders awarded the applicant the 2nd Award of the
AGCM for his qualifying period of honorable active duty service from 27 June
1980 through 26 June 1983. His MPRJ is void of any documents, or orders
indicating he was ever recommended for, or awarded an achievement award
while serving on active duty.

9. On 19 January 1984, the applicant was honorably discharged at the expiration
of his term of service (ETS). The DD Form 214 he was issued confirms he
completed a total of 6 years of active military service. Item 13 shows that he
earned the following awards: AGCM; ASR; OSR; NCOPDR with Numeral 1; and
Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Item 14
contains the entry "None." The applicant authenticated this document with his
signature on the date of his separation.

10. The applicant provides a correspondence course completion certificate that
confirms the applicant completed the Food Service Specialist Prime Technical
correspondence course on 16 June 1983. He also provides a Grenade
Qualification Scorecard, dated 11 August 1977, which shows he scored 52 and
qualified as an expert with the hand grenade on that date.

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ABCMR Record of Proceedings (cont)                                AR20060011311

11. Army Regulation 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 also establishes
standardized policy for preparing and distributing the DD Form 214. Chapter 2
contains preparation instructions of the DD Form 214. The instructions for Item
13 state to list awards and decorations for all periods of service in the priority
sequence specified in the awards regulation. It further states that each entry will
be verified by the Soldier's records. There are no provisions that provide for
adding Certificates of Achievement or Appreciation to Item 13.

12. The separation documents regulation instructions for Item 14 of the DD Form
214 state to list formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form
214. It further indicates that this information is to assist the Soldier in job
placement and counseling; therefore, do not list training courses for combat
skills. There are no provisions for adding all course completed during all periods
of service.

13. Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy. Paragraph 3-18 contains guidance on awarding the Army Achievement
Medal. It states, in pertinent part, that it is awarded to members who
distinguished himself or herself by meritorious service or achievement of a lesser
degree than required for award of the Army Commendation Medal. The AAM
must be recommended and awarded in orders by the proper award authority.

14. Paragraph 2-20 of the awards regulation contains guidance on awarding the
Korea Defense Service Medal (KDSM). It states, in pertinent part, that it is
authorized for service in Korea from 28 July 1954 through a date to be
determined. In order to qualify for the KDSM, members must have been
assigned, attached, or mobilized to units operating in the Korea area of eligibility
for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that his 19 January 1984 DD Form 214 should be
corrected to include all awards he earned and to which he is entitled and all
courses completed during all periods of service was carefully considered and
found to have partial merit. The evidence of record confirms the applicant's
entitlement to a 2nd Award of the AGCM, the KDSM, and to the Expert
Marksmanship Qualification Badge with Hand Grenade Bar. Therefore, it would
be appropriate to add these awards to Item 13 of the separation document in
question.


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ABCMR Record of Proceedings (cont)                                AR20060011311

2. The applicant's claim that he was awarded an achievement medal in 1984
was also carefully considered. However, the evidence of record fails to show the
applicant was awarded an achievement medal by proper authority while serving
on active duty. Further, the applicable regulation provides for entering only
formal in-service (full-time attendance) training courses successfully completed
during the period of service covered by the DD Form 214 to Item 14. There are
no provisions for documenting the completion of correspondence courses on a
separation document. Therefore, although the correspondence course certificate
provided by the applicant confirms his completion of the Food Service Prime
Technical correspondence course, there are no regulatory provisions that allow
for it to be entered in Item 14 of the DD Form 214 in question.

BOARD VOTE:

________ ________ ________ GRANT FULL RELIEF

___JEA _ __SWF         ___RSV_ 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 all Department of the Army records of the individual
concerned be corrected by showing his entitlement to the Army Good Conduct
Medal 2nd Award, Korea Defense Service Medal, and Expert Marksmanship
Qualification Badge with Hand Grenade Bar; and by providing him a correction to
his separation document that includes these awards.

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 an achievement
medal or additional awards and military correspondence courses to the DD Form
214 in question.




                                   _____James E. Anderholm___
                                        CHAIRPERSON

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ABCMR Record of Proceedings (cont)         AR20060011311


                                 INDEX

CASE ID                    AR20060011311
SUFFIX
RECON
DATE BOARDED               2007/03/06
TYPE OF DISCHARGE          HD
DATE OF DISCHARGE          1984/01/19
DISCHARGE AUTHORITY        AR 635-200
DISCHARGE REASON           ETS
BOARD DECISION             GRANT PARTIAL
REVIEW AUTHORITY           Mr. Schwartz
ISSUES     1. 1021         100.0000
           2.
           3.
           4.
           5.
           6.




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