IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011  

		DOCKET NUMBER:  AR20100025411 


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 show:

* service in Afghanistan
* Combat Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal
* airborne school training
* driver training
* Javelin gunners training

2.  The applicant states that when he applied for employment as a police officer he was told the missing awards and training should be shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Combat Infantryman Badge orders
* DA Form 638 (Recommendation for Award) awarding him the Army Commendation Medal
* Parachutist Badge orders
* Army Good Conduct Medal orders
* Javelin Gunners Course Certificate of Training 
* Driver Training Certificate of Training
* Detachment B, 203d Personnel Services Battalion, Orders Number 282-45, dated 9 October 2003
* Headquarters, Task Force, 1st Battalion, 501st Parachute Infantry Regiment, Forward Operating Base, Afghanistan, dated 15 July 2004

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 records show he enlisted in the Regular Army on 22 February 2001 and held military occupational specialty 11B (Infantryman).

3.  On 21 February 2005, he was released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations).  He completed 4 years of creditable military service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Global War on Terrorism Expeditionary Medal, Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.

5.  Headquarters, U.S. Army Infantry Center, Permanent Orders 198-266, dated 17 July 2001, show he was awarded the parachutist badge based on successful completion of airborne training on or about 27 July 2001 (3-week course).

6.  Headquarters, 1st Battalion, 501st Parachute Infantry Regiment, Permanent Orders 084-05, dated 24 March 2004, awarded him the first award of the Army Good Conduct Medal for the period 22 February 2001 to 21 February 2004.



7.  The applicant provides the following:

* Certificates of Training for the Driver Training Course (40 hours/1week) and the Javelin Gunners Course 
* Operation Enduring Freedom (OEF) IV deployment orders issued by Detachment B, 203d Personnel Services Battalion, dated 9 October 2003
* Army Commendation Medal Permanent Order Number 075-16, dated 15 March 2004, for meritorious service for the period 26 October 2003 to 1 August 2004
* Combat Infantryman Badge Permanent Orders 114-023, issued by Headquarters, Combined/Joint Task Force-180, OEF, Bagram Airfield, Afghanistan, dated 23 April 2004
* statement of wartime service, dated 15 July 2004, which shows he served in Afghanistan from 26 October 2003 to 30 July 2004

8.  His Defense Finance and Accounting Service pay records show he received hostile fire/imminent danger pay and combat zone tax exclusion for Afghanistan from 25 October 2003 to 15 August 2004.

9.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures for preparing separation documents.  It states that item 14 (Military Education) of the DD Form 214 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the Enlisted/Officer Record Brief.  Include title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal, Army Good Conduct Medal, and Combat Infantryman Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

2.  The evidence of record shows he completed airborne and driver training which are not shown on his DD Form 214.  His record should be corrected to show he completed these courses.

3.  The Javelin Gunner Course is a combat skills course; therefore, it should not be listed on his DD Form 214.

4.  Further, his DD Form 214 should be corrected to show his combat service in Afghanistan.



BOARD VOTE:

________  ________  ________    GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 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 information to his DD Form 214:

	a.  item 13 –

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge

	b.  item 14 –

* airborne training, 3 weeks, 2001
* driver training, 1 week, 2003

	c.  item 18 – "SERVICE IN AFGHANISTAN FROM 20031025-20040815"

2.  The Board further determined 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 Javelin gunners training 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)                                         AR20100025411



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ABCMR Record of Proceedings (cont)                                         AR20100025411



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