IN THE CASE OF:
BOARD DATE: 24 September 2008
DOCKET NUMBER: AR20080002789
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, in effect that his record be corrected to show award of the Air Assault Badge. He also requests, in effect, that his records be corrected to show his Air Assault Class and his Combat Lifesaver Training.
2. The applicant states, in effect, his records should be corrected because of clerical error.
3. The applicant provides his separation document (DD Form 214), a copy of his Air Assault School Certificate of Completion, a copy of his Air Assault School Certificate of Training, and a Combat Lifesaver Training Certificate of Training in support of his application.
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 applicants 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 applicants 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 record shows that he enlisted in the Regular Army on
14 August 1990. He was awarded the military occupational specialty (MOS) 11B (Infantryman). The highest rank he attained while serving on active duty was Specialist (E-4).
3. The DD Form 214 issued to the applicant on 12 August 1993, shows that he completed 2 years, 11 months, and 29 days of active duty service during the period covered by the separation document. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards: the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Army Good Conduct Medal, the Overseas Service Medal, the Army Achievement Medal, the Multinational Force and Observers Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Grenade Badge.
4. A DA Form 87 (Certificate of Training) submitted by the applicant shows that he successfully completed the 80-hour Air Assault Course from 20 April 1992 to 1 May 1992.
5. The applicants record contains a copy of Permanent Orders 166-64, issued by Headquarters, 25th Infantry Division, (Light), Schofield Barracks, Hawaii, dated 8 September 1992, awarding him the Air Assault Badge effective 1 May 1992 for successful completion of the Air Assault training course.
6. The applicant submitted a DA Form 87 (training certificate) that shows the applicant completed a 40 1/2 hour Combat Lifesaver Training Course on 19 February 1993.
7. The applicant submitted a correspondence course completion notice that shows that he completed the Combat Lifesaver Course on 19 February 1993. (The Combat Lifesaver Course completion notice was also found in his Interactive Personnel Electronic Records Management System).
8. Item 14 (Military Education) of the applicants DD Form 214 shows the entry NONE/NOTHING FOLLOWS.
9. A review of the applicants record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
10. 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.
11. Army Regulation 635-5, Chapter 2-4h(14), (Separation Documents), in pertinent part, states list all formal in-service schools (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that the Air Assault Badge and the Combat Lifesaver Course should be added to his DD 214 were carefully considered and found to have merit.
2. The applicants record shows the applicant completed the formal Air Assault Course and General Orders also show that he was awarded the Air Assault Badge on 1 May 1992. Therefore, his records should be corrected to show award of the Air Assault Badge.
3. Records show the applicant completed the formal Combat Lifesaver Training Course. Although it appears this is a combat skills training course, the training is similar to that of an emergency medical technician (EMT). Therefore, it would be appropriate to correct his records to show this course.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding to Item 13 of his DD Form 214 the already-awarded Air Assault Badge; and
b. adding to Item 14 of his DD Form 214 the entry Combat Lifesaver Course, 1 week, February 1993."
__________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) AR20080002789
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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