IN THE CASE OF:
BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090005699
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 (Report of Separation from Active Duty) to show the Jungle Operations Training Course (JOTC), the "Air Assault Wings" (i.e. Air Assault Badge), the "Airborne Wings" (i.e. the Parachutist Badge), and any other award to which he is entitled.
2. The applicant states that he knows the awards were awarded to him but are not listed on his DD Form 214.
3. The applicant provides a DD Form 214 in support of this 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 enlisted in the Regular Army on 1 March 1974 and served as a light weapons infantryman until he was honorably released from active duty on 28 February 1977.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle) as authorized awards.
4. There are no orders, certificates, citations or any other evidence in the applicant's available records showing he completed the JOTC, that he was awarded the Air Assault Badge, the Parachutist Badge, or any other award which is not already shown on his DD Form 214.
5. The JOTC is conducted by brigade and division level units throughout the Army as local training courses in combat skills. The badge awarded upon completion of this course is awarded in accordance with local policies governing this training course. This badge is not governed by the Department of the Army awards regulation and, as a result, it is not annotated on the DD Form 214. In accordance with Army Regulation 635-5, which governs preparation of separation documents, combat skills are not listed on the DD Form 214.
6. 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.
7. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.
DISCUSSION AND CONCLUSIONS:
1. The applicants record is void of any documents indicating he completed the JOTC. Additionally, adding a combat skills course or local badge to the DD Form 214 is not authorized by the governing regulation.
2. There is no evidence in the applicant's records which shows he was awarded the Air Assault Badge, the Parachutist Badge, or any other award which is not already shown on his DD Form 214. As a result, there is no basis to grant the applicant's request.
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) AR20090005699
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