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 applicants 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 applicants 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013665
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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