IN THE CASE OF: BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120009845 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) as follows: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the: * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Air Assault Badge * Item 14 (Military Education) to show the Air Assault School 2. He also requests a copy of a completion certificate for the Air Assault School. 3. He states these awards are missing from his DD Form 214. He completed the Air Assault School with his unit. This was one of the hardest, but he finished. 4. He provides copies of his DD Form 214 and military photograph. 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's military record shows he enlisted in the Regular Army, in pay grade E-1, on 16 August 1988, for 3 years. He completed training and was awarded military occupational specialty 77F (Petroleum Supply Specialist.) He served in Germany from 18 March 1989 through 12 March 1991. 3. His military records do not show he completed any air assault training. 4. He was honorably released from active duty in pay grade E-4 on 13 August 1991, for expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years, 11 months, and 28 days of net active service and no time lost. His DD Form 214 shows in: * Item 13 the: * Army Service Ribbon * Overseas Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with one bronze service star * Army Achievement Medal with 3rd Oak Leaf Cluster * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Item 14 the: * Petroleum Supply Specialist, 9 weeks, March 1989 * Petroleum Vehicle Operator, 5 weeks, March 1989 * German Headstart, 1 week, April 1989 5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows the same awards as on his DD Form 214. The form also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 15 September 1988 and the Expert Marksmanship Qualification Badge with Grenade Bar on 27 September 1988. 6. Army Regulation 600-8-22 (Military Awards) states: a. The marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. b. Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Grenade Bar. These awards are currently listed on his DD Form 214. However, the evidence of record does not confirm, and he has not shown sufficient evidence, that he was qualified for the Expert Marksmanship Qualification Badge with Rifle Bar. Based on the available evidence, he is not entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar and to have it added to his DD Form 214. 2. There is also no evidence of record and he has provided none to show that he attended and successfully completed the air assault training course and met the criteria for award of the Air Assault Badge. Therefore, he is not entitled to this award and its addition to his DD Form 214. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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. ABCMR Record of Proceedings (cont) AR20120009845 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009845 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1