IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003731 


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 record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by documenting his completion of the Recondo School in 1988, and by adding the following awards:

* Combat Parachute Badge
* Presidential Unit Citation (PUC)
* Army Achievement Medal (AAM)

2.  The applicant states these items were left off his DD Form 214.  

3.  The applicant provides no documentary evidence in support of his application. 

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 record shows he entered active duty in the Regular Army on 22 January 1985, and was trained in and awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).  

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he earned the following awards in item 9 (Awards, Decorations and Campaigns):

* Expert Marksmanship Qualification Badge with Rifle and TOW Gunner Bars
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Infantryman Badge (EIB)
* AAM
* Army Service Ribbon (ASR)
* Ranger Tab
* Parachutist Badge
* Army Good Conduct Medal (AGCM)
* Noncommissioned Officer Professional Development Ribbon (NCOPDR) Numeral 1
* Army Commendation Medal (ARCOM)

4.  Item 17 (Civilian Education and Military Schools) of the applicant’s DA Form 2-1 shows that subsequent to One Station Unit Training (OSUT) in MOS 11H, he completed the following military schools in the years indicated:

* Basic Airborne, 1987
* Primary Leadership Development Course (PLDC), 1988 
* Ranger Course, 1988.

5.  Item 35 (Record of Assignments) of the applicant’s DA Form 2-1 shows he was assigned to Company D, 4th Battalion, 325th Airborne Infantry Regiment, 
82nd Airborne Division from 18 March 1987 through the date of his discharge on 13 February 1990.  His record also shows he was awarded the Armed Forces Expeditionary Medal (AFEM) for his participation in Operation Just Cause, Panama, and the Combat Infantryman Badge (CIB).    

6.  On 13 February 1990, the applicant was honorable discharged, in the rank of sergeant/E-5, by reason of physical disability with severance pay.  The DD Form 214 he was issued at the time shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* ASR
* EIB
* AGCM
* Ranger Tab
* NCOPDR
* ARCOM
* AFEM-PANAMA
* CIB

7.  Item 14 (Military Education) of the applicant’s DD Form 214 does not include the Recondo School among the completed military courses entered. The applicant’s Official Military Personnel File (OMPF) is void of any documents indication completion of a Recondo Course.   

8.  The unit history of the applicant’s unit, 4th Battalion, 325th Airborne Infantry Regiment, shows in December 1989, it conducted a night parachute assault onto Torrijos International Airport in the Republic of Panama, during Operation Just Cause.  A review of the Department of the Army (DA) Military Awards Branch (MAB) approved unit awards web site confirms the applicant’s unit, 4th Battalion, 325th Infantry Regiment, received assault credit for a combat parachute jump on 20 December 1989.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It stipulates the source records and documents for entries on the DD Form 214 are personnel qualification records and documents on file in the Official Military Personnel File (OMPF).  The instructions for completing item 13 states to list awards and decorations for all periods of service.  The instructions for item 14 state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 8-11 contains guidance on Parachutist Badges.  It states a bronze service star is authorized to be worn on the Parachutist Badges to denote a Soldier's participation in a combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record and DD form 214 should be corrected by documenting his completion of the Recondo course and by adding Combat Parachute Badge, PUC, and AAM has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant was serving with the 
4th Battalion, 325th Infantry Regiment at the time the unit made a combat parachute jump into Panama during Operation Just Cause on 20 December 1988.  The unit received assault credit for this combat parachute jump and as a result, the applicant is eligible for a bronze service star, denoting the combat parachute jump, with his Parachutist Badge.  Therefore, it would be appropriate to add this award to his record and DD Form 214.  

3.  The record also shows the applicant earned the AAM, Expert Marksmanship Qualification Badge with Rifle and TOW Gunner Bars and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar and that these awards were not included in the list of awards and decorations listed in item 13 of his DD Form 214.  Therefore, it would also be appropriate to add them at this time. 

4.  There is no evidence of record, and the applicant has failed to provide independent evidence, confirming completion of a Recondo course.  Further, there is no evidence of record or independent evidence provided by the applicant indicating his unit received the PUC during his tenure of assignment.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 amending item 13 of his DD Form 214 as follows:

	a.  Delete the current Parachutist Badge entry and replace it with the entry Parachutist Badge with bronze service star and 

	b.  Add the Army Achievement Medal, Expert Marksmanship Qualification Badge with Rifle and TOW Gunner Bars and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

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 documenting a Recondo course and award of the PUC.  



      _______ _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)                                         AR20110003731



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ABCMR Record of Proceedings (cont)                                         AR20110003731



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