IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024187 


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) as follows:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal and the Air Assault Badge
* Item 14 (Military Education) to show completion of the Air Assault School and Army Correspondence Course Program, AIPD (Army Institute for Professional Development)

2.  He states that he was not aware the DD Form 214 could be corrected or items could be added after the expiration of term of service (ETS) date.  He received the Army Commendation Medal on the last day of his ETS and it was never documented on his DD Form 214.  He further states the DD Form 214 is a very important document which has an effect on civilian employment as well as Federal careers and he received an honorable discharge.

3.  He provides:

* an Air Assault School completion certificate
* an Intro to Defense Reutilization & Marketing System Course and Defense Hazardous Materials/Waste Handling Course completion certificates
* his Army Correspondence Course Program history record
* the reverse side of a DA Form 638 (Recommendation for Award)
* 
his Army Commendation Medal Certificate
* 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 enlisted in the Regular Army on 4 November 1994 for a period of 3 years, in pay grade E-1.  He completed training and he was awarded military occupational specialty 92Y (Supply Specialist).

3.  Permanent Orders Number 043-00185, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 12 February 1996, awarded him the Air Assault Badge for successful completion of the standard Air Assault Course from 17 through 31 January 1996.

4.  He provided a document which shows he completed the Introduction to Defense Reutilization & Marketing System Course and the Defense Hazardous Materials/Waste Handling Courses, under the Army Correspondence Course Program, in August and October 1996, respectively.

5.  He also provided a copy of the reverse side of a DA Form 638 recommending him for award of the Army Commendation Medal.  The award was approved on
26 August 1997.  Permanent Order Number 238-2, dated 26 August 1997, awarded him the Army Commendation Medal.

6.  He further provided a copy of an Army Commendation Medal certificate awarding him the Army Commendation Medal for exceptionally meritorious service from 6 April 1995 to 22 August 1997.  The permanent order number on the award certificate is the same as that on the DA Form 638.

7.  He was honorably released from active duty in pay grade E-4 on 3 November 1997 having completed his required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Item 14 (Military Education) of his DD Form 214 shows he completed the:

* Unit Supply Specialist Course, 8 weeks, March 1995
* Field Sanitation Team Training Course, 1 week, May 1996
* Combat Lifesaver Course, 1 week, November 1996

10.  He was honorably discharged from the USAR on 3 November 2002.

11.  Army Regulation 635-5 (Separation Documents) states Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  As an exception, it will only list the Command and General Staff College and Senior Service Colleges completed by correspondence course.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Air Assault Badge and the Army Commendation Medal.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record confirms he successfully completed the Air Assault Course in January 1996.  Because air assault training is not strictly a combat skills course and could be applied to certain civilian occupations, his DD Form 214 should be corrected to show he completed the Air Assault Course.

3.  Because the Introduction to Defense Reutilization & Marketing System Course and the Defense Hazardous Materials/Waste Handling Course are correspondence or non-resident courses, he is not entitled to correction of his DD Form 214 to show these courses.

4.  In view of the foregoing, his records should be corrected as recommended 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 all Department of the Army records of the individual concerned be corrected by:

   a.  adding to Item 13 of his DD Form 214 the:

* Army Commendation Medal
* Air Assault Badge

	b.  adding to Item 14 of his DD Form 214 the entry "Air Assault Course, 2 weeks, January 1996

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 Introduction to Defense Reutilization & Marketing System Course and the Defense Hazardous Materials/Waste Handling Course to Item 14 of 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)                                         AR20100024187



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ABCMR Record of Proceedings (cont)                                         AR20100024187



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