Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013665
Original file (20110013665.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013665 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

* Award of the Army Commendation Medal (2d award)
* The Good Conduct Medal (4th award)
* The Army Achievement Medal (AAM) (13th Award)
* Drill Sergeant Duty from 1990 – 1992
* Rappel Master Training
* Ranger Indoctrination Program (RIP) in 1986
* Airborne Training in 1985

2.  The applicant states in his DD Form 214 does not reflect all of his awards and military education courses completed. 

3.  The applicant provides no additional documents with 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 enlisted in the Regular Army on 1 December 1981 for a period of 3 years.  He completed his one-station unit training (OSUT) as a light weapons infantryman at Fort Benning, Georgia and he remained on active duty through a series of continuous reenlistments.

3.  His records show that he was awarded the Expert Infantryman Badge (EIB) in Permanent Orders 33-13 dated 16 December 1983.  His records also show that he was awarded the Army Good Conduct Medal (4th Award) which is already reflected on his DD Form 214; accordingly, it does not need to be addressed further in these proceedings.

4.  His records show that he was awarded the AAM (11th award) and there are no orders for further awards.  His records also contain no indication of any awards of the ARCOM or attendance at the RIP, Rappel Training or Airborne Training.

5.  His records do show that he attended and completed the Drill Sergeant Course from 7 January 1991 to 8 March 1991 (9 weeks).

6.  On 31 July 1994 he was honorably discharged under the provisions of Army regulation 635-200, paragraph 16-8, due to reduction in force.  He had served 12 years and 6 months of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the AAM (11th award), the Good Conduct Medal (4th award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, his marksmanship badges, the Air Assault Badge, and the Overseas Service Ribbon with Numeral “2.”

7.  In block 14 of his DD Form 214 under Military Education, it shows that he completed the Primary Noncommissioned Officer Course of 13 weeks in January 1983, Jungle Warfare Training of 3 weeks in January 1983, Basic Noncommissioned Officer Course of 4 weeks in January 1986, the Light Leader Course of 4 weeks in January 1986, and the Air Assault Course of 2 weeks in January 1987.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that entries on the DD Form 214 will be documented by information contained in official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the EIB in 1983 and is entitled to have that award added to his DD Form 214.

2.  He also completed the Drill Sergeant Course of 9 weeks in March 1991 and is entitled to have that course entered on his DD Form 214 as well.

3.  However, there is no evidence to show that he was awarded any awards of the ARCOM or more than 11 awards of the AAM.  Additionally, there is no evidence of his completing the RIP, the Rappel Course, or the Airborne Course. 

4.  Inasmuch as the official records do not contain documentation to support such entries and since the applicant has provided no documentation, there appears to be no basis to add those entries.

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:

* Adding the award of the EIB to block 13 of his DD Form 214
* Adding the entry “Drill Sergeant Course 9 wks March 1991” to block 14 of his DD Form 214







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 adding awards of the ARCOM and additional awards of the AAM and adding completion of military education courses for the RIP, Rappel Training, and Airborne Training to 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)                                         AR20110013665





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013665



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100020938

    Original file (20100020938.txt) Auto-classification: Approved

    The applicant provides: * Orders awarding him the CIB * A memorandum from his commander with a copy of Permanent Orders 337-002 requesting that the applicant be awarded the AFEM for participating in combat operations in Afghanistan during the period 10 October 2001 to 7 January 2002 * A memorandum from his commander with a copy of Permanent Orders 337-01 requesting that the applicant be awarded the AFEM with Arrowhead Device for a combat jump into enemy territory on 19 October 2001 * A...

  • ARMY | BCMR | CY2012 | 20120004874

    Original file (20120004874.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 11 (Primary Specialty) – 3 years, 10 months, and 15 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Order of the Spur * Combat Infantryman Badge (CIB) * Expert Infantryman Badge (EIB) * Purple Heart * Army Achievement Medal (AAM) (2nd Award) * item 14 (Military Education) – * Airborne School, 3 weeks, February...

  • ARMY | BCMR | CY2012 | 20120002898

    Original file (20120002898.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * award of the: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Joint Service Achievement Medal (JSAM) * Global War on Terrorism Service Medal (GWOTSM) * Iraq Campaign Medal (ICM) * Afghanistan Campaign Medal (ACM) * Combat Infantryman Bade (CIB) * Expert Infantryman Badge (EIB) * British Military Parachutist Badge * Shoulder Sleeve Insignia –...

  • ARMY | BCMR | CY2009 | 20090015504

    Original file (20090015504.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show: * One additional award (3rd award) of the Army Achievement Medal (AAM) * Completion of the Combat Signaler Course (31K1O) * Military Occupational Specialty (MOS) 31K1O * Completion of the Air Assault Course and award of the Air Assault Badge * Completion of the Ranger Indoctrination Program (RIP) 2. The evidence provided by the applicant shows he was awarded three AAMs...

  • ARMY | BCMR | CY2014 | 20140001745

    Original file (20140001745.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. he completed Airborne training; b. he was awarded the Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB), Combat Patch for service during mission Urgent Fury in Grenada, six awards of the Army Achievement Medal (AAM), and awards of the Humanitarian Service Medal (HSM) for service in Grenada in 1983 and for security operations in Fort Indiantown Gap, PA during...

  • ARMY | BCMR | CY2011 | 20110003731

    Original file (20110003731.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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. Therefore, it would be appropriate to add this award to his record and DD Form 214.

  • ARMY | BCMR | CY2012 | 20120009051

    Original file (20120009051.txt) Auto-classification: Approved

    Therefore, his DD Form 214 for the period ending 31 March 1992 correctly shows the number of AAMs he is entitled to. With respect to additional awards of the ARCOM, evidence of record shows orders awarded him two awards of the ARCOM and his DD Form 214 shows these awards. As a result, the Board recommends denial of so much of the application that pertains to: * adding to additional awards of the AAM, ARCOM, and his appreciation and service certificates to his DD Form 214 * adding the...

  • ARMY | BCMR | CY2013 | 20130008109

    Original file (20130008109.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states he completed two military schools that were not added to his DD Form 214 at the time of his retirement. Item 17 (Civilian Education and Military Education) of his DA Form 2-1 (Personnel Qualification Record) shows, in addition to the courses listed on his DD Form 214, completion of: * Rappel Master Course, 2 weeks, 1989 * Generator Operator Course, 1 week, 1984 6.

  • ARMY | BCMR | CY2010 | 20100029457

    Original file (20100029457.txt) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the ARCOM (4th Award). The evidence of record also confirms he was awarded the AAM (2nd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12f of the applicant's DD Form 214 the entry "0000 09 03" and replacing it with the entry "0001 01 06"; b. deleting from Item 13 of his DD Form 214 the AACOM (3rd Award) and AAM (3rd Award) c. adding...

  • ARMY | BCMR | CY2011 | 20110011397

    Original file (20110011397.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) with oak leaf cluster (OLC) * Defense Meritorious Service Medal (DMSM) * Legion of Merit (LOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal...