IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090020776 


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 two discharges from the Army National Guard (ARNG) and his completion of the Air Assault School and Military Occupational Specialty (MOS) 13B (Cannon Crewman) Qualification Course be documented on his 2 October 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states he plans to use the Department of Veterans Affairs (VA) home loan benefit for purchase of a home and he believes the extra years and schooling may help his qualifying score.

3.  The applicant provides the following documents:

* National Guard Bureau (NGB) Forms 22 (NGB Report of Separation and Record of Service)
* Air Assault School Certificate of Training
* ARNG Honorable Discharge Certificate.

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 record shows he enlisted in the Regular Army (RA) on
3 October 1984 and he was trained in and awarded MOS 11B (Infantryman).

3.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not include the Air Assault Badge and item 17 (Civilian Education and Military Schools) does not list the Air Assault School or the MOS 13B course.

4.  On 2 October 1987, the applicant was honorably released from active duty (REFRAD) after completing 3 years of creditable active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending
2 October 1987 shows he earned the following awards:

* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

5.  The applicant's Official Military Personnel File (OMPF) is void of any documents indicating his completion of the Air Assault School during his active service.

6.  On 31 March 1988, the applicant enlisted in the ARNG.  He served until
9 August 1989, at which time he was discharged from the ARNG by reason of continuous and willful absence with a general under honorable conditions discharge (GD).  He was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) to complete his remaining Reserve obligation.  On 30 July 1992, he was honorably discharged from the Ready Reserve.

7.  On 12 October 1995, the applicant again enlisted in the ARNG.  He served for 3 years until being honorably discharged on 11 October 1998 by reason of expiration of service obligation.  The NGB Form 22 he was issued upon his discharge shows in item 12 (Military Education) completion of a 2-week cannon crewmember course in May 1998.  Item 13 (Primary Specialty Number, Title, and Date Awarded) shows his primary as 13B (Cannon Crewmember) that was awarded on 15 July 1998.

8.  The applicant provides a 101st Airborne Division (Air Assault), The Air Assault School, Certificate of Training, issued to him on 16 January 1987.  This certificate indicates he completed air assault training and earned the distinctive right to wear the Air Assault Badge as a symbol of achievement.  The certificate is signed by the commandant of the school.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214, which is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

10.  Army Regulation 600-8-22 (Military Awards) states 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 the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his service in the ARNG, the Air Assault School, and the Cannon Crewmember MOS 13B Qualification Course should be added to his DD Form 214.

2.  The DD Form 214 is meant to be a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  He was issued a DD Form 214 for his RA service from 3 October 1984 to 2 October 1987.  His record also contains two NGB Forms 22 which summarize his ARNG service from 31 March 1988 to 9 August 1989 and from 12 October 1995 to
11 October 1998.  His periods of service in the ARNG are subsequent to his 

REFRAD; therefore, his separation documents are correct as constituted.  As a result, there is no basis for combining his ARNG service on his DD Form 214.

3.  The applicant's OMPF is void of any corroborating evidence that shows he completed Air Assault training.  Absent any evidence of record (academic evaluation report/record of training) the certificate he provides alone is insufficient evidentiary basis to support adding this course to his DD Form 214 at this late date.

4.  The applicant's record confirms he completed the MOS 13B course while in the ARNG and that it is properly documented on the NGB Form 22 he was issued on 11 October 1998.  His completion of the MOS 13B course was subsequent to his REFRAD.  Therefore, there is no basis for granting this portion of the applicant's requested relief. 

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits from another agency.  The granting of veteran's benefits is not within the purview of the ABCMR and any questions regarding eligibility for such benefits should be addressed to the VA.

6.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090020776



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ABCMR Record of Proceedings (cont)                                         AR20090020776



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