RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050002828


      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. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be provided a DD Form 215 (Correction to
DD Form 214) to show award of the Good Conduct Medal (GCMDL) and the Air
Assault Badge.

2.  The applicant states no further contentions.

3.  The applicant provides in support of his request:

      a.  A DD Form 214 (Certificate of Release or Discharge from Active
Duty), issued on 7 December 1999.

      b.  A Certificate and Permanent Orders Number 181-07, Bravo
Detachment, 18th Personnel Service Battalion, Fort Bragg, North Carolina
for award of the GCMDL.

      c.  A Department of the Army (DA) Form 83 (Certificate of Training)
issued at Fort Bragg on 22 March 1997 for successful completion of Air
Assault School, Class 5-97MTT.

      d.  A Fort Drum Form 29 (Light Fighter School Certificate of
Training) issued on 22 March 1997 for successful completion of Air Assault
School and award of the Air Assault Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 December 1999.  The application submitted in this case is dated 16
February 2005.

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.  On 10 August 1995, the applicant enlisted in the Regular Army and he
was trained in military occupational specialty (MOS) 31C (Single Channel
Radio Operator).  He was initially assigned to HHD (Headquarters and
Headquarters Detachment), 525th Military Intelligence Brigade on 12
February 1996.  On 21 March 1996, he was further assigned to D Company,
51st Infantry Long Range Surveillance (LRS)(ABN), 519th Military
Intelligence Battalion, Fort Bragg.

4.  The applicant’s DD Form 214 (Certificate of Release or Discharge from
Active Duty) shows that he was honorably separated on 7 December 1999 after
completing 4 years, 3 months, and 28 days of active military service.  He
has no recorded lost time.  His DD Form 214 also shows he was awarded the
Army Commendation Medal, Army Achievement Medal, National Defense Service
Medal, Armed Forces Expeditionary Medal, Armed Forces Service Medal, Army
Superior Unit Award, Humanitarian Service Medal, Army Service Ribbon, North
Atlantic Treaty Organization Medal, Army Honorable Service Lapel Button,
Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge,
and the Army Honorable Service Lapel Button.

5.  Permanent Orders Number 181-07 and the Certificate that was provided by
the applicant shows he was awarded the GCMDL for the period of service from
10 August 1995 to 9 August 1998.

6.  The applicant provided two Certificates of Training for completion of
Air Assault School and award of the Air Assault Badge.  Both certificates
are dated 22 March 1997 and authenticated by the same individual.  The
first is a DA certificate issued at Fort Bragg.  It shows that the
applicant completed Class
5-97MTT.  MTT stands for Mobile Training Team and means that trainers from
one location traveled to a second location to conduct the training.  The
second certificate is a Fort Drum "Light Fighter School" certificate.  Most
probably, the MTT came from Fort Drum and issued this certificate upon
completion of the course.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides, in pertinent part
that:

      a.  The GCMDL is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the GCMDL,
disqualification must be justified.

      b.  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 101st Airborne Division (Air Assault) after 1 April
1974.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in pertinent part, states that for United States military
decorations the only acceptable source documentation is the order, letter,
or memorandum which awards the decoration.  Award certificates, citations,
or separation certificates alone will not be the basis for entry of a
decoration.  A DD Form 214 alone should not be the sole basis for recording
a decoration.  This document may be used to initially enter a decoration;
however, if the validity of the award on the DD 214 is questioned or
challenged, the only acceptable proof of award of the decorations will be
the order, letter, or memorandum which awarded the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence is sufficient to support correction of the
applicant's record to show award of the GCMDL.

2.  The certificates that were provided were issued by two different
military commands on the same date (22 March 1997) and show the same
signature authority for award of the Air Assault Badge.  However, no orders
are available and the certificates alone are not sufficient to establish a
basis to correct the applicant's DD Form 214 to show award of the Air
Assault Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__js____  __phm___  __ljo___  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 entitlement to
award of the GCMDL.

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
award of the Air Assault Badge.



                                  John Slone
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002828                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0122                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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