IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20090020721 


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 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed the Air Assault School at Fort Rucker, Alabama, in 1991 and that he performed duties in military occupational specialty (MOS) 91B4O while stationed at Evans Army Community Hospital, Fort Carson, Colorado.

2.  The applicant states he was assigned as the noncommissioned officer in charge (NCOIC) of the medical clinic at Evans Army Community Hospital from March 1990 until June 1992 and performed duties in MOS 91B4O.  He notes he has an Army Commendation Medal certificate which described his duties and tenure in that duty MOS.  He also states he has his Air Assault School completion certificate.

3.  The applicant provides a copy of his Army Commendation Medal certificate/
order and a copy of a Certificate of Achievement noting his successful completion of the combat assault, rappelling, and rigging and sling-loading phases of the Air Assault School, thereby earning the right to wear the Air Assault Badge.

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.  Records available to the Board indicate the applicant initially entered military service as a member of the Army National Guard and in 1987 completed training in MOS 91A (medical specialist).  In January 1988, he enlisted in the Regular Army for service in MOS 91A.

3.  The applicant's available records indicate he held MOS 91A1O for the duration of his Regular Army service.  Item 35 (Record of Assignment) of his DA Form 2-1 (Personnel Qualification Record) notes he was assigned duties as an ambulance and aide driver in MOS 91A1O while assigned to Germany between February 1988 and February 1990 and upon his assignment to Fort Carson, Colorado, in March 1990.

4.  The applicant completed air assault training at Fort Rucker, Alabama, in January 1991 and was awarded the Air Assault Badge.

5.  According to the applicant's Army Commendation Medal certificate and award recommendation, he was recognized for his meritorious service as NCOIC of the medical clinic at Evans Army Community Hospital during the period 5 March 1990 to 15 July 1992.  The Army Commendation Medal was announced in permanent orders issued by the U.S. Army Medical Department Activity at Fort Carson on 12 February 1992.

6.  On 15 July 1992, the applicant was released from active duty in pay grade 
E-4 under the Army Early Transition Program.  His DD Form 214 notes his award of the Air Assault Badge, but not his Army Commendation Medal.

7.  Item 11 (Primary Specialty) of his DD Form 214 reflects MOS 91A1O and that he held that specialty for the duration of his Regular Army enlistment (4 years and 5 months).  Item 14 (Military Education) of his DD Form 214 does not reflect his completion of the Air Assault Course.



8.  References:

	a.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) notes that MOS 91B4O is held by Soldiers in pay grade E-7 and MOS 91A1O by Soldiers in pay grade E-4 or below.

	b.  Army Regulation 635-5 (Separation Documents), in effect at the time, noted that item 11 of the DD Form 214 would reflect the MOS codes, titles, and years and months of service for all specialties in which an individual served for at least 1 year.  Item 14 would reflect in-service training courses by title, number of weeks, and year successfully completed.  The information is intended to assist Soldiers after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	c.  The U.S. Army Maneuver Center for Excellence at Fort Benning, Georgia, notes the Air Assault Course is a 6-week course which trains Soldiers on the types of missions performed by rotary wing aircraft, aircraft safety, aero-medical evacuation procedures, pathfinder operations, principles and techniques of combat assaults, rappelling techniques, and sling-load operations.  Both the core instruction and the additional instruction are conducted in a classroom/field environment.  The course includes three phases of instruction involving U.S. Army rotary wing aircraft:  combat air assault operations, rigging and sling-loading operations, and rappelling from a helicopter.  Formal Air Assault training has been conducted at Fort Campbell, Kentucky, by the 101st Airborne Division (Air Assault) since the Air Assault School was formed in 1974.  Air Assault training has also been offered over the years on a continuous basis at other locations, including Fort Rucker, Alabama.  Originally a 2-week course, the course at Fort Benning is now 6 weeks in duration.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have performed duties as the NCOIC of a medical clinic, he could not have held MOS 91B4O as that MOS was associated with individuals in pay grade E-7.  There is no evidence the applicant was ever awarded any other MOS besides MOS 91A1O.  The skill level "1" would have been associated with his pay grade of E-4.  In the absence of evidence to the contrary, it is presumed the MOS entry on his 1992 DD Form 214 is accurate.

2.  While Army Regulation 635-5 states that courses which enhance combat skills are not entered on the DD Form 214 because the intended purpose of the entry is to assist in job placement following separation, in this case the Air Assault Course description notes Soldiers also received leadership, safety, and other skills training which may, in fact, translate to a variety of civilian positions.  As such, in the interest of equity and justice it would be appropriate to enter the Air Assault Training in item 14 of his DD Form 214.

3.  Although the duration of the applicant's Air Assault Course is unknown, he likely attended the 2-week course offered at Fort Rucker.

4.  The evidence also shows the applicant was awarded the Army Commendation Medal which is not shown on his DD Form 214.  It should be added to his 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 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 in item 14 of his 1992 DD Form 214 that he completed a 2-week Air Assault Course in January 1991 and by adding the Army Commendation Medal to his DD Form 214.

2.  The Board further determined 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 addition of MOS 91B4O 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)                                         AR20090020721



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ABCMR Record of Proceedings (cont)                                         AR20090020721



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