IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100017854 


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:

* Completion of the United States Marine Corps Surveillance and Target Acquisition Course, a period of 8 weeks on 12 May 1987
* Completion of the United States Army Sniper School, a period of
3 weeks on 25 March 1988 and award of the Additional Skill Identifier (ASI) B4
* Completion of the Basic Airborne Course, a period of 3 weeks on 29 April 1988 and an ASI of “P”
* Award of the Parachutist Badge
* Award of the Korea Defense Service Medal (KDSM)

2.  The applicant states, in effect, at the time of separation he inquired about his schools not being entered on his DD Form 214 and he was told his military education and awards must equate to a civilian occupational specialty and none were listed for those skills at the time.  He goes on to state that he pursued a career in law enforcement and he has served as a law enforcement sniper 15 of the 17 years of his career.  He also states the absence of his schools and awards serve as a detriment to his career progression and do not accurately reflect his training and experience. 




3.  The applicant provides copies of:

* a letter explaining his request
* his DD Form 214
* a Personnel Qualification Record – Part II
* an Honorable Discharge Certificate
* a Diploma for completion of the Army Sniper Course
* a DA Form 2496 (Disposition Form) indicating he completed the Sniper Course
* a Diploma indicating he completed the Marine Corps Sniper School
* a Recommendation to compete for the 29th Infantry Pioneer Leadership Award
* a Diploma for completion of the Airborne Course on 29 April 1988
* orders awarding him military occupational specialty (MOS) 11H2P
* an Individual Jump Record showing he completed the five jumps required for graduation from the Airborne Course. 

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 Regular Army on 8 January 1980.  He completed training in MOS 11H (Heavy Antiarmor Weapons Infantryman) and he remained on active duty through a series of continuous reenlistments.  He completed a tour in Korea on 16 April 1982 and a tour in Hawaii on 1 April 1986.  He was promoted to the pay grade of E-6 on 1 March 1989.

3.  On 2 March 1990, he was honorably discharged due to expiration term of service.  He had served 10 years, 4 months, and 24 days of total active service.



4.  The DD Form 214 issued at the time of discharge shows his primary MOS was 11H3P, that he was awarded the Army Service Ribbon, Army Good Conduct Medal (3d award), Army Achievement Medal with One Oak Leaf Cluster, Army Commendation Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  His DD Form 214 also shows he completed the Basic Leadership Course,
2 weeks in 1981; the Equal Opportunity Leadership Course, 2 weeks in 1984; the Supervisor Maintenance Course, 1 week in 1984; and the Trainer Development Program Basic Instructor Course, 3 weeks in 1986. 

6.  A review of his records failed to provide orders awarding him the Parachutist Badge or the ASI of B4 (sniper).

7.  A review of the Guide to the Evaluation of Educational Experience in the Armed Services failed to reveal any listing for Sniper training as a related civilian occupation. 

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that training courses for combat skills will not be entered on the DD Form 214.  This information is to assist the Soldier in job placement and counseling.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-1 to determine its usefulness to the Soldier after transitioning from the Army.  (See the Guide to the Evaluation of Educational Experience in the Armed Services for commonly accepted course title and abbreviation).  

9.  Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Airborne Course of 3 weeks he completed in 1988 should be added to his DD Form 214 has been noted and found to have merit.  Airborne training is not exclusively a combat arms skill and thus should be added to his DD Form 214.

2.  While the applicant has not provided orders for award of the Parachutist Badge, it is reasonable to presume that he was in fact awarded the Parachutist Badge given he completed the course and the fact that he was awarded the Special Qualification Identifier (SQI) of “P” to identify him as being parachutist qualified.  Accordingly, the award of the Parachutist Badge should be added to his DD Form 214 at this time.

3.  The applicant’s contention that the ASI of “P” should be added to his records to denote his Parachutist qualifications has been noted and found to lack merit.  The “P” denoting his qualifications as a parachutist is an SQI and it is already properly contained on his MOS in block 11 of his DD Form 214.  Accordingly, no further action is required.

4.  The applicant’s contention that he should be awarded the KDSM for his service in Korea has been noted and found to have merit.  He served a 1-year tour in Korea from 1981-1982 and thus he is entitled to award of the KDSM and his DD Form 214 should be corrected to show this award.

5.  The applicant’s contention that he should be awarded the ASI of B4 to denote his qualifications as a sniper has been considered.  However, the available evidence does not show he was awarded the ASI of B4.  Therefore, in the absence of such orders there does not appear to be any basis to add this ASI to his DD Form 214 at this time.

6.  The applicant’s contention that the Army and Marine Corps Sniper Courses should be added to his DD Form 214 has also been considered and found to lack merit.  The applicable regulations provide that combat skills courses are not to be entered on the DD Form 214.  Accordingly, his DD Form 214 was properly prepared in accordance with the applicable regulations and he has failed to show otherwise. 

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 adding the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214:

* Parachutist Badge 
* KDSM 

2.  Adding the following course to item 14 (Military Education) of his DD Form 214 "Airborne Course, 3 weeks in 1988."

3.  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 following to his DD Form 214:

* the ASI of B4
* the Army and Marine Corps Sniper Courses 

4.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20100017854



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ABCMR Record of Proceedings (cont)                                         AR20100017854



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