IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090015504 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

* One additional award (3rd award) of the Army Achievement Medal (AAM)
* Completion of the Combat Signaler Course (31K1O)
* Military Occupational Specialty (MOS) 31K1O
* Completion of the Air Assault Course and award of the Air Assault Badge
* Completion of the Ranger Indoctrination Program (RIP)

2.  The applicant states that his DD Form 214 is missing the above medal and badge and that it does not show the above MOS or that he completed the above courses and the RIP:

3.  The applicant provides:

* A copy of his DD Form 214
* Three award certificates for the AAM
* A Certificate of Accomplishment for meritorious achievement while competing in the Air Assault Challenge
* A Certificate of training for completion of the RIP (3 weeks in 1996)
* A diploma for completion of the Combat Signaler Course MOS 31K1O (400 hours 18 March 1991-28 May 1991)



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 enlisted in the U.S. Army Reserve (USAR) on 21 December 1990 for a period of 8 years.  He completed basic training at Fort Jackson, South Carolina and advanced individual training as a combat signaler at Fort Gordon, Georgia on 28 May 1991 and he was returned to his USAR unit.

3.  On 6 November 1992, he enlisted in the Regular Army for a period of 3 years, a cash enlistment bonus, and training as a fire support specialist.  He completed his training at Fort Sill, Oklahoma and was transferred to Korea where he served a 1-year tour before being transferred to Fort Bragg, North Carolina.

4.  On 17 May 1995, he reenlisted for a period of 5 years and a selective reenlistment bonus.  He remained at Fort Bragg until 3 May 1997 when he was transferred to Fort Lewis, Washington.

5.  On 31 October 1997, he was discharged under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance.  He had served   5 years, 4 months, and 13 days of total active service and his DD Form 214 shows he was awarded the:

* Army Commendation Medal
* AAM (2d award)
* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-T bar

6.  Block 14 (Military Education) shows he completed basic airborne training for a period of 3 weeks in 1995.

7.  A review of the applicant’s official records failed to show orders awarding him the MOS of 31K1O (Combat Signaler).  His records also failed to reveal his attendance at the Air Assault Course and award of the Air Assault Badge.  However, he has provided a certificate of training showing he completed the RIP from 6 January through 23 January 1996.

8.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  The regulation in effect at the time provides, in pertinent part, that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect a third award of the AAM has been considered and found to have merit.  The evidence provided by the applicant shows he was awarded three AAMs during his period of service and they should be reflected on his DD Form 214.

2.  The applicant’s contention that completion of the Combat Signaler Course, the Air Assault Course and the RIP should be included on his DD Form 214 has been considered and found to lack merit.  While there is no evidence of his attendance at the Air Assault Course, that course as well as the Combat Signaler Course and the RIP are combat skills courses that are not authorized for entry on the DD Form 214.

3.  The applicant’s contention that award of the Air Assault Badge and award of MOS 31K10 should be added to his records has also been considered and found to lack merit.  The available records do not contain and the applicant has not provided orders showing he was awarded the Air Assault Badge and MOS 31K10.  Therefore, in the absence of such orders there appears to be no basis to add this MOS and badge to his DD Form 214 at this time.



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 showing the applicant was awarded the AAM (3d award) vice the AAM (2d award) as currently reflected on his DD Form 214.

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 adding the Air Assault Badge, award of MOS 31K1O, and completion of the Combat Signaler Course, the Air Assault Course, and the RIP 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)                                         AR20090015504



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ABCMR Record of Proceedings (cont)                                         AR20090015504



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