IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100024352
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 reflect award of the Air Assault Badge and any other awards to which he is entitled.
2. The applicant states he was awarded the Air Assault Badge and it was not included on his DD Form 214.
3. The applicant provides copies of orders awarding him the Air Assault Badge and 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 5 June 1980 for a period of 3 years and training as an infantryman. He remained on active duty through a series of continuous reenlistments. He was promoted to pay grade E-6 on 6 December 1986.
3. His records show he served overseas tours in Panama and Germany. While assigned to Fort Campbell, Kentucky, in 1985, he completed air assault training and was awarded the Air Assault Badge in Permanent Orders Number 45-1 issued by Headquarters, 101st Airborne Division (Air Assault), at Fort Campbell, Kentucky.
4. On 22 December 1997, he was retired by reason of permanent disability and his DD Form 214 issued at the time of his retirement does not show he was awarded the Air Assault Badge.
5. A comparison of his DD Form 214 with his official records shows that with the exception of his Air Assault Badge, all of his authorized awards are entered on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the Air Assault Badge was omitted from his DD Form 214 has been noted and is found to have merit.
2. The applicant's records clearly show he was awarded the Air Assault Badge on 6 March 1985 and that it was entered in his records. Therefore, it is reasonable to presume the omission of this award was simply the result of an administrative oversight. Accordingly, it should be added to his DD Form 214 at this time.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Air Assault Badge to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. 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) AR20100024352
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024352
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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