IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110009407
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 completion of airborne training, award of the Parachutist Badge, and the second award of the Army Achievement Medal (AAM).
2. The applicant states he completed airborne training at Fort Benning, Georgia, and was awarded the Parachutist Badge. He was assigned to Fort Bragg, North Carolina, for his entire enlistment and was on jump status until he separated. He states he was awarded the AAM with 1st Oak Leaf Cluster (1OLC) at the time of his separation and neither the second award of the AAM nor his award of the Parachutist Badge and completion of airborne training were added to his DD Form 214.
3. The applicant provides copies of his diploma from airborne training, his jump records, and his two awards of the AAM.
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 28 April 1989 for a period of 4 years, training as a combat signaler, airborne training, and the Army College Fund.
3. He completed basic training at Fort Jackson, South Carolina; advanced individual training at Fort Gordon, Georgia; and 3 weeks of basic airborne training at Fort Benning, Georgia. He was assigned to Fort Bragg, North Carolina, for his first and only duty assignment with the 20th Engineer Brigade of the XVIII Airborne Corps.
4. The applicant deployed to Southwest Asia (SWA) in support of Operations Desert Shield/Desert Storm from 26 September 1990-4 April 1991.
5. The applicant also participated in the Hurricane Andrew Disaster Relief in Florida from 29 August-10 September 1992 and was awarded the Humanitarian Service Medal (HSM) on 25 March 1993.
6. The applicant provides orders showing he was awarded two awards of the AAM and his official records confirm he received two awards of the AAM.
7. His records also confirm he completed 3 weeks of basic airborne training in October 1989.
8. On 25 April 1993, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He completed 4 years of total active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, National Defense Service Medal, SWA Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Army Good Conduct Medal, Army Commendation Medal with 1OLC, and AAM.
9. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
10. Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his airborne training and his awards of the Parachutist Badge and AAM with 1OLC were not included on his DD Form 214 have been noted and were found to have merit.
2. The applicant has shown through evidence submitted with his application and which is confirmed by his official records that he completed 3 weeks of basic airborne training in October 1989, which qualified him for award of the Parachutist Badge, and the AAM with 1OLC. Accordingly, these awards should be added to his DD Form 214.
3. Additionally, the applicant was awarded the HSM and is entitled to the
KLM-KU for his service in SWA. According, these awards should be added to his DD Form 214.
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:
* deleting the AAM from block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the AAM (2nd Award), KLM-KU, HSM, and Parachutist Badge to block 13 of his DD Form 214
* adding the entry "Basic Airborne Training 3 weeks 8910" to block 14 (Military Education) of 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 during the Gulf War 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) AR20110009407
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