RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060015603 


	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

Ms. Stephanie Thompkins

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he attended air assault schooling.  

2.  The applicant states, in effect, that this information is not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 October 1992, the date of his discharge from active duty.  The application submitted in this case is dated 30 October 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 military records show that he enlisted in the Delayed Entry Program, in pay grade E-1, on 14 February 1986.  He enlisted in the Regular Army, in pay grade E-1, on 20 May 1986.  He completed basic and advanced individual training and was awarded military occupational specialty 11B, infantryman.  

4.  The applicant's records contain a training certificate that shows he completed the Tropic Lightning Fighters Course I during the period 22-26 September 1986.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed 8 weeks of the Infantryman Course in 1986 and one week of the Troop Lightning Fighters Course I in 1986.  His records do not show he completed air assault schooling or training.

6.  The applicant's records contain no evidence he was awarded the Air Assault Badge on completion of the Air Assault Course, as he alleges.
7.  He was honorably discharged from the Regular Army in the rank of specialist, pay grade E-4, on 20 October 1992.  

8.  Item 14 (Military Education) of his DD Form 214 is annotated with the word "N/A."

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Air Assault Badge.  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 101st Airborne Division (Air Assault) after 1 April 1974.

10.  Army Regulation 635-5, in effect at the time, prescribed the preparation policy for separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation specified that Item 14 would list resident training courses of 40 hours or more successfully completed during the period of service and show the year completed.  This information was to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not listed.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to correction of his DD Form 214, Item 14, to show he completed air assault schooling.

2.  The applicant's contention has been noted; however, his records show he completed 13 weeks of infantryman training and a one week Troop Lightning Fighters Course.  In accordance with regulatory guidance, these courses were not authorized for entry on his DD Form 214.

3.  There is no evidence, and the applicant has provided none, to show that he attended air assault schooling or that he was awarded the Air Assault Badge while he was on active duty.  In the absence of information to the contrary, it is concluded that the applicant’s DD Form 214 is correct.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 October 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 October 1995.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_RSV ___  __DLL___  __WFC__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_____William F. Crain____
          CHAIRPERSON




INDEX

CASE ID
AR20060015603
SUFFIX

RECON

DATE BOARDED
20070531
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19921020
DISCHARGE AUTHORITY
AR635-200, para 16-5B . . . . .  
DISCHARGE REASON
Locally imposed bar to reenlistment
BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.07
2.

3.

4.

5.

6.