DOCKET NUMBER:  AR20090000439 


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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (2nd Award) and item 14 (Military Education) to show he completed the Air Assault School.

2.  The applicant states, in effect, that his DD Form 214 does not show his second award of the Army Commendation Medal and the Air Assault School.

3.  In support of his application, the applicant provides copies of his Personnel Qualification Record – Part II, two Army Commendation Medal certificates, his Multichannel Communications Systems Operator and Airborne courses diplomas, his Air Assault School training certificate, his DD Form 214, his U.S. Army Reserve (USAR) discharge orders, and his letter from the National Personnel Records Center (NPRC).

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 6 September 1989 for 4 years.  He completed basic and advanced training and was awarded military occupational specialty 31M, Multichannel Communications Systems Operator.

3.  The applicant submits copies of his course diplomas, dated 19 February 1990 and 16 March 1990, for completion of the Multichannel Communications Systems Operator course and Airborne course.

4.  The applicant's records contain a DA Form 638-1 (Recommendation for Award of Legion of Merit and Below), dated 16 March 1991, that shows he and several Soldiers were recommended for award of the Army Commendation Medal.  The recommendation was approved on 13 April 1991.  Permanent Order Number 006-005, dated 13 April 1991, was issued awarding him the Army Commendation Medal.

5.  The applicant also submits a copy of a certificate, dated 13 April 1991, for award of the Army Commendation Medal for exceptionally meritorious achievement in support of actions against a hostile force in the Persian Gulf during Operation Desert Storm.  He further submits a copy of a certificate, dated 4 June 1991, for award of the Army Commendation Medal for meritorious achievement during the period 15 October 1990 to 15 January 1991.

6.  The applicant also submits a certificate of training, dated 2 March 1992, for completion of the combat assault, rappelling, and rigging and slingloading phases of the Air Assault School.

7.  A review of the applicant's records failed to reveal orders or other evidence authorizing award of a second Army Commendation Medal during his period of service.  The applicant provided no orders to show he was awarded a second Army Commendation Medal.

8.  The applicant was honorably released from active duty in pay grade E-4 on 7 September 1992 for the convenience of the government under the provisions of the Fiscal Year 1992 Early Transition Program.  He was transferred to the USAR Control Group (Reinforcement).

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the following awards:  the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16), the Parachutist Badge, and the Army Commendation Medal.  His DD Form 214 does not list the Army Commendation Medal (2nd Award).

10.  Item 14 (Military Education) of the applicant's DD Form 214 shows he completed 14 weeks of the Multichannel Communications Systems Operator Course in February 1990.  Item 14 does not list the Air Assault School.

11.  The applicant was honorably discharged from the USAR on 2 November 1997.

12.  The applicant further submits a copy of a letter from the NPRC, St. Louis, Missouri, dated 12 January 2007.  The letter advised him that the NPRC verified his entitlement to the following awards:  the Army Commendation Medal, the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16), the Army Lapel Button, and the Parachutist Badge.

13.  The Air Assault School, Fort Campbell, Kentucky, is a 2-week (10-day) course.  The course includes three phases of instruction involving U.S. Army rotary wing aircraft:  combat air assault operations, rigging and slingload operations, and rappelling from a helicopter.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that item 14 would list in-service training courses successfully completed during the period covered by the DD Form 214 prepared.  The list would include the title, length in weeks, and year completed.  The information was to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant shows he successfully completed the Air Assault School in March 1992.  Because air assault training is not strictly a combat skills course and could be applied to certain civilian occupations, the applicant's DD Form 214 should be amended to show in item 14 he completed the Air Assault School.

2.  The applicant's contention that he was awarded a second Army Commendation Medal is acknowledged; however, the applicant provided no general orders authorizing award of a second Army Commendation Medal.  No evidence was found either in his service personnel record to support addition of the Army Commendation Medal (2nd Award) to his DD Form 214.  The copy of the certificate provided by the applicant is insufficient to form a basis for addition of this award to his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 14 of his DD Form 214 the entry "Air Assault School, 2 weeks, 1992" and providing the applicant a correction to his separation document that includes this correction.
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 a second award of the Army Commendation Medal and its addition to his DD Form 214.



      ____________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)                                         AR20090000439



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ABCMR Record of Proceedings (cont)                                         AR20090000439



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