IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100020870
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect completion of the Air Assault School.
2. The applicant states the above course was omitted from his DD Form 214.
3. The applicant provides his DD Form 214 and Permanent Orders 190-190, dated 9 July 1999.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show he enlisted in the Regular Army on
17 September 1998, he was awarded the military occupational specialty 77F (Petroleum Supply Specialist), and he was promoted to pay grade E-4.
3. He was honorably released from active duty on 16 September 2001. The
DD Form 214 he was issued does not show he completed the Air Assault School or that he was awarded the Air Assault Badge.
4. The orders and certificate provided by the applicant show he completed the Air Assault School and he was awarded the Air Assault Badge.
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14. This regulation further stated that the information entered in Item 14 is to assist a member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.
6. Army Regulation 600-8-22 (Military Awards) provides that the Air Assault Badge is awarded to an individual assigned or attached to the 101st Airborne Division since 1 April 1974 who satisfactorily completes an air assault training course in accordance with the Training and Doctrine Command standardized Air Assault Core Program of Instruction.
DISCUSSION AND CONCLUSIONS:
1. Since the Air Assault School is training for a combat skill, that course is properly not reflected on his DD Form 214.
2. However, the applicant was awarded the Air Assault Badge and it is not listed on his DD Form 214. As such, it would be appropriate to add this badge 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 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 Air Assault Badge to his DD Form 214.
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 Air Assault School 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) AR20100020870
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ABCMR Record of Proceedings (cont) AR20100020870
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