IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100009975 


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 Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Airborne Badge, Airborne Course, Recruiter Badge, and the Recruiting Course.  He also requests Block 15a (Member Contributed to the Post-Vietnam Era Veteran's Educational Assistance Program) and Block 15b (High School Graduate or Equivalent) be changed to "YES."

2.  The applicant states he earned the Airborne and Recruiter Badges and completed the Airborne and Recruiter Courses.  He further states he paid for GI Bill benefits and entered the Army with a General Education Development (GED) high school equivalency.  He states his DD Form 214 does not reflect any of this.

3.  The applicant provides a copy of his 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 21 February 2002.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (infantryman).  He reenlisted on
15 April 2005 and the highest rank/grade he attained was specialist/E-4.

3.  The applicant was separated for misconduct on 10 January 2007 and issued a general discharge.  He completed 4 years, 10 months, and 20 days of creditable active service.

4.  Block 13 of his DD Form 214 shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, and the Global War on Terrorism Service Medal.  Block 11 (Primary Specialty) shows the entry "11B1P INFANTRYMAN."  The Special Qualification Identifier (SQI) of "P" indicates he was identified as parachutist qualified.  There are no courses entered in item 14 (Military Education) of this form.

5.  His records show his last assignment was with the U.S. Army Recruiting Battalion Jacksonville.  His records further show he was punished under Article 15, Uniform Code of Military Justice (UCMJ) for wrongful use of cocaine and separated from the Army with a general discharge.

6.  His records maintained in the interactive Personnel Electronic Records Management System (iPERMS) shows the following:

* civilian education as a 12th grade level with a high school diploma
* SQI of "4," a non-career recruiter
* Military education field contains the entry of "no applicable course"

7.  A search of his available records failed to reveal a DA Form 1059 (Service School Academic Evaluation Report) or certificate showing he completed the Airborne or the Army Recruiter Course.

8.  During the processing of this case, a member of the Board's staff contacted an official at Airborne Class Records at Fort Benning, GA.  The official stated the applicant graduated from the 3-week Airborne Course in July 2002.

9.  Available records are void of any orders, memoranda, or other documents that indicate he was ever recommended for or awarded the Parachutist Badge or Recruiter Badge by proper authority. 

10.  The Board's staff also contacted an official at the USAREC Personnel Directorate at Fort Knox, KY.  The official stated that a Soldier would only be assigned to a recruiting battalion following completion of the Army Recruiter Course.  The official further indicated that when a recruiter was relieved from assignment for cause, the Recruiter Badge would be withdrawn from the individual.

11.  His DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)), dated 25 February 2002, shows he elected to enroll in the MGIB and accepted the terms set forth in the Statement of Understanding on the form.

12.  Active duty personnel participated in the Veterans' Educational Assistance Program (VEAP) if they entered active duty for the first time after 31 December 1976 and before 1 July 1985 and made a contribution prior to 1 April 1987.

13.  The MGIB, as outlined in Title 38, U.S. Code, chapter 30, provides for Soldiers who entered the service after 30 June 1985.  The program is administered by the Department of Veterans Affairs (VA).  In all cases, the Soldier’s service must be considered fully honorable.

14.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for:

   a.  Block 15a, for any Soldiers who enlisted after 1985, mark "NO"; and

   b.  Block 15b, if Soldier has GED; check the "YES" Block.

15.  Army Regulation 635-5 states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 would be listed by title, length in weeks, and year completed in item 14.  It further states that this information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills would not be listed.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 states authority for permanent wear of the Basic Recruiter Badge for eligible personnel as a permanent part of the uniform will be announced by a memorandum issued by the Commandant, Recruiting and Retention School as authorized by the Commanding General (CG), U.S. Army Recruiting Command (USAREC).  These personnel must meet the criteria established by the CG, USAREC for permanent wear.

18.  USAREC Supplement 1 to Army Regulation 600-8-22, Appendix F-1 states personnel identified in paragraph 8-43a(4) of this regulation are eligible for permanent wear of the Basic Recruiter Badge upon completion of the following criteria:

	a.  Complete the Army Recruiter Course, Recruiting Company Commander Course, Health Care Recruiting Course, or USAREC Precommand Course at the Recruiting and Retention School (band liaisons must attend an approved Army
band audition course).

	b.  Assigned an individual recruiting mission or directly responsible for accomplishment of the mission.

19.  USAREC Supplement 1 to Army Regulation 600-8-22, Appendix F-2 states the Commandant of the Recruiting and Retention School or the USAREC G1 will authorize permanent wear of the Basic Recruiter Badge to eligible personnel and will issue a memorandum of announcement to document permanent award of the Basic Recruiter Badge.

20.  USAREC Supplement 1 to Army Regulation 600-8-22, states HQ USAREC will automatically issue a memorandum revoking the U.S. Army Basic Recruiter Badge, U.S. Army Gold Recruiting Badge, and achievement stars with all incentive awards if the recipient is involuntarily reassigned or removed from position for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he paid for GI Bill benefits and the GI Bill eligibility on his DD Form 214 should be changed to show "YES."  However, item 15a of the DD Form 214 refers to the VEAP that was in effect for those service members who enlisted after 31 December 1976 and before 1 July 1985.  Since he enlisted on 21 February 2002, he could not have participated in the VEAP.  As such, the "NO" entry in item 15a of his DD Form 214 is correct and has no bearing on his MGIB benefits.

2.  The applicant is further advised that the MGIB is administered by the Department of Veterans Affairs (DVA).  Eligibility determination for the MGIB is made by that agency.  For any further questions concerning MGIB benefits the applicant should contact that agency.

3.  His records in iPERMS show his civilian education as a 12th grade level with a high school diploma.  As such, it would be appropriate to change his DD Form 214 to show "YES" in item 15b.

4.  While there are no available documents showing he completed the Airborne Course, his DD Form 214 shows he has an SQI of "P" indicating he completed the course.  An official at Airborne Class Records verified he completed the course.  As such, it would be appropriate to add this course to item 14 of his DD Form 214.

5.  Based on his completion of the Airborne Course and the "P" identifier shown in item 11 (Primary Specialty) of his DD Form 214 it can be presumed 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.  As such, there is sufficient corroborating evidence to support adding the Parachutist Badge to his DD Form 214.

6.  There are no documents or data entries showing he completed the Army Recruiter Course.  However, his records in iPERMS show the SQI "4," non-career recruiter.  His records also show he was a member of a recruiting battalion at the time he was separated for misconduct.  While it is not known when he completed the Army Recruiter Course, it would be appropriate to add the Army Recruiter Course (without the length and year completed) to item 14 of this DD Form 214.  However, evidence indicates any Recruiter Badge he may have been authorized to wear would have been revoked due to his separation for misconduct.  As such, there is an insufficient basis for add this badge to his DD Form 214.

7.  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 that the DD Form 214 of the individual concerned be corrected by:

	a.  adding "Airborne Course, 3 weeks, 2002" to item 14;

	b.  adding "Army Recruiter Course" to item 14;

	c.  adding the Parachutist Badge to item 13; and

	d.  change item 15b to show "YES."

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:

	a. adding the Recruiter Badge to his DD Form 214; and

	b.  changing item 15a on his DD Form 14 to show "YES."




      ____________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)                                         AR20100009975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Procee