IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090011339 


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 his award of the Expert Infantryman Badge and his completion of the Combat Lifesaver Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 May 1992.  He requests that his Marksman Marksmanship Qualification Badge with Grenade Bar be changed to an Expert Marksmanship Qualification Badge with Grenade Bar.

2.  The applicant states, in effect, these awards were not included on his DD Form 214.

3.  The applicant provides copies of his orders for the Expert Infantryman Badge, his completion certificate for the Combat Lifesaver Course, and his DD Form 214 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 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 personnel records show he enlisted in the Regular Army on 15 September 1988 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).

3.  On 20 January 1989, the applicant was assigned to Company C, 3rd Battalion, 187th Infantry, at Fort Campbell, KY.

4.  A certificate of training provided by the applicant shows he completed the 
1-week Combat Lifesaver Course on 16 March 1990 at Fort Campbell.

5.  On 8 June 1990, the applicant was assigned to Headquarters and Headquarters Company, 4th Battalion, 8th Infantry (Mechanized), in Germany.

6.  Headquarters, 4th Battalion, 8th Infantry (Mechanized), Permanent 
Orders 52-85, dated 12 October 1990, awarded the applicant the Expert Infantryman Badge.

7.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.

8.  On 22 May 1992, the applicant was discharged by reason of misconduct.  He had completed 3 years, 8 months, and 8 days of active service that was characterized as general under honorable conditions.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar or the Expert Infantryman Badge.  Item 13 does show he was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar.  Item 14 (Military Education) does not show he completed the Combat Lifesaver Course.

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in item 14.  This regulation further stated that the information entered in item 14 is to assist the member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.

10.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.

11.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his award of the Expert Infantryman Badge and his completion of the Combat Lifesaver Course should be added to his DD Form 214.  He contends that his Marksman Marksmanship Qualification Badge with Grenade Bar should be changed to an Expert Marksmanship Qualification Badge with Grenade Bar.

2.  Orders show the applicant was awarded the Expert Infantryman Badge.  Therefore, it is appropriate to add this award to his DD Form 214.

3.  The applicant's DA Form 2-1 does not show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, there is insufficient evidence to include this award on his DD Form 214.

4.  The evidence shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature.  Therefore, since the applicant has provided his Combat Lifesaver Course completion certificate, it is appropriate to include the course in item 14 of the applicant's DD Form 214.

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: 

	a.  amending item 13 of his DD Form 214 to show he was awarded the Expert Infantryman Badge; and

	b.  amending item 14 of his DD Form 214 to include the entry:  Combat Lifesaver Course, 1 week, March 1990.

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 the Expert Marksmanship Qualification Badge with Grenade Bar.



      ____________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)                                         AR20090011339



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ABCMR Record of Proceedings (cont)                                         AR20090011339



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