IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100009249 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Air Assault Badge, parachute wings (formally known as Parachutist Badge), and Combat Infantryman Badge.  He also requests that his DD Form 214 be corrected to show award of the 11M military occupational specialty (MOS), completion of the Ranger course, and his service in Desert Storm and in Korea.

2.  The applicant states he:

* completed jump school and earned the parachute wings
* completed the Bradley vehicle course and qualified as a Bradley crew commander
* completed the 72-day Ranger course and earned Ranger tabs
* spent 5 months in Desert Storm
* spent 12 months in Korea on the Demilitarized Zone

3.  The applicant provides permanent orders 019-06, a DA Form 4856 (General Counseling Form), and a DD Form 214.

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 records show he enlisted in the Regular Army on 9 November 1989 after serving more than 1 year in the Army National Guard.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-4.

3.  His DA Form 2-1 (Personnel Qualification Record), item 5 (Oversea Service), shows he served in Korea during the period 1 December 1989 to 5 December 1990.

4.  A DA Form 4856, dated 8 March 1991, states he was absent from his place of duty (11M course).

5.  His records contain permanent orders 019-06, dated 1 February 1993, awarding him the Air Assault Badge.

6.  On 23 July 1993, he was discharged with a general discharge.  His DD Form 214 shows he completed a total of 3 years and 6 months of active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Badge Rifle (M-16), Sharpshooter Marksmanship Badge Grenade, and Expert Infantryman Badge.

8.  Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge or Parachutist Badge by proper authority or that he completed airborne training.

9.  A search of his available records failed to reveal a DA Form 1059 (Service School Academic Evaluation Report) or other evidence showing he completed the 11M course or the 72-day Ranger course.  There are no orders or other evidence showing he was awarded the 11M MOS or authorized to wear the Ranger Tab.

10.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm Data Base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  A search of this data base failed to reveal the applicant's name.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

12.  Army Regulation 600-8-22 states 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.

13.  Army Regulation 600-8-22 states the Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.

14.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal (KDSM).  Specified criteria for the award of the KDSM is as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

15.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It prescribed for item 13 to list awards and decorations for all periods of service, to check Soldier's service records for validity of awards, and to not abbreviate when listing the entries.


DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Air Assault Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  By regulation, in order to support award of the Combat Infantryman Badge, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit, in addition to evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  There is no evidence in the available records and he did not provide any evidence to corroborate that he personally engaged in active ground combat with enemy forces.  As such, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

3.  He contends he served in Desert Storm.  However, the Persian Gulf War Roster failed to reveal his name as a participant in Desert Storm and there is no other available evidence supporting this contention.  As such, there is no basis for adding this information to his DD Form 214.

4.  His DA Form 2-1 shows he served in Korea for approximately one year and his DD Form 214 shows 1 year and 5 days of foreign service.  Without any evidence to the contrary it can be presumed this entry is for his foreign service in Korea.  As such, it appears there is no error on his DD Form 214 in regard to his Korean service and no correction is necessary.  However, he is entitled to correction of his DD Form 214 to show the KDSM.

5.  There is no evidence in his records and he provided no evidence that he completed the requirements for award of the 11M MOS.  As such, there is an insufficient basis for awarding him the 11M MOS and adding this MOS to his DD Form 214.

6.  There is no available evidence showing he completed the Ranger course.  As such, there is an insufficient basis for adding this course to his DD Form 214.

7.  Since there is no evidence he satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or participated in at least one combat parachute jump there is no basis for awarding him the Parachutist Badge.
8.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 



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 the DD Form 214 for the period ending 23 July 1993 of the individual concerned be corrected by adding the KDSM and Air Assault Badge.

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 Combat Infantryman Badge, Parachutist Badge, 11M MOS, Ranger Course, and service in Operation Desert Storm. 




      __________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)                                         AR20100009249



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ABCMR Record of Proceedings (cont)                                         AR20100009249



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