IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001591 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show:

* completion of Air Assault School 
* award of the Air Assault Badge
* his rank/grade as corporal (CPL)/E-4
* he served as a squad leader in an anti-tank platoon

2.  The applicant states he completed the Air Assault Course at Fort Campbell, KY, and his rank/grade was CPL/E-4 at the time of his discharge.  Additionally, he served as a team leader in an anti-tank platoon. 

3.  The applicant provides 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's records show he enlisted in the Regular Army on 19 November 1973.  He completed the training requirements and he was initially awarded military occupational specialty (MOS) 71T (Equipment Maintenance Clerk).  

3.  On 13 February 1975, Headquarters, 101st Airborne Division, Fort Campbell, KY, published Special Orders Number 38 awarding him secondary MOS 11B (Light Weapons Infantryman), effective 1 February 1975.

4.  His DA Form 2-1 (Personnel Qualification Record) shows the following entries:

	a.  Item 17 (Civilian Education and Military Schools) does not show completion of the Air Assault Course.

	b.  Item 18 (Appointments and Reductions) shows he was promoted or demoted as follows:

* Private (PV2)/E-2 on 18 March 1974
* Private/E-1 on 4 September 1974
* PV2/E-2 on 15 January 1975
* Private First Class (PFC)/E-3 on 1 September 1975 

	c.  Item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company (HHC) and/or D Company, 3rd Battalion, 187th Infantry (3/187th), Fort Campbell, KY, as follows:

* from 1 July 1974 to 7 September 1975, duty MOS 71T, HHC 3/187th Infantry (PV2)/E-2 on 18 March 1974
* from 7 September 1975 to 18 November 1976, duty MOS 11B,           D Company, 3/187th Infantry 

5.  His records do not contain official documentation, in the form of a memorandum, endorsement, certificate, order, or any other documentary evidence that shows he:

* completed the Air Assault Course
* was awarded the Air Assault Badge
* was appointed to CPL
* served as a team leader
6.  He was honorably released from active duty on 18 November 1976 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.  His DD Form 214 shows in:

	a.  Items 6a (Grade, Rate or Rank), 6b (Pay Grade), and 7 (Date of Rank) contain the following entries "SP4," "E-4," and "9 April 1976";

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16), and the Marksman Marksmanship Qualification Badge with Grenade Bar; and 

	c.  Item 27 (Remarks) the Maintenance Data Specialist Course, 8 weeks, 1974.

7.  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.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214. 

* Items 6a and 6b show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders
* Item 7 shows the date of rank
* Item 26 shows all awards and decorations
* Item 27 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills not listed

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide evidence of 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.  Therefore, there is insufficient evidence to award him this badge. 

2.  With respect to his rank/grade, the evidence of record shows the applicant held the rank/grade of SP4/E-4 at the time of his release from active duty.  There is no evidence in his records and he did not provide evidence to show he was appointed as a CPL.  Therefore, there is insufficient evidence to correct his rank/grade.

3.  With respect to his duty as a team leader, the entries on his DA Form 2-1 do not support his contention.  But even if he did perform duties as an anti-tank team leader there is no provision to list specific duties on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20110001591



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ABCMR Record of Proceedings (cont)                                         AR20110001591



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