IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016719
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 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB) and Sniper School.
2. He states he received the sniper "B4" identifier, the CIB, and two Bronze Star Medals for actions as a sniper in combat. He requests correction of his DD Form 214 to show these items so his claim with the Department of Veterans Affairs will be processed and to show he was indeed in combat operations in Iraq.
3. He provides orders, a Sniper Course Diploma, and two Bronze Star Medal (BSM) Certificates.
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 21 September 2001. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His record in the interactive Personnel Electronic Records Management System (iPERMS) includes:
a. a BSM Certificate showing permanent orders awarded him the BSM for meritorious service in Iraq from 15 March 2004 to 22 March 2005 while assigned to the First Brigade Combat Team (BCT) and
b. a DA Form 2166-8 ([Noncommissioned Officer] Evaluation Report) for the period August 2004 to July 2005 showing he served as a sniper team leader in a mechanized infantry battalion deployed to Operation Iraqi Freedom II.
4. On 20 September 2005, he was honorably released from active duty. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at that time does not show the CIB. Item 14 (Military Education) does not show Sniper School.
5. His record in iPERMS is void of documentation showing he was awarded the CIB or that he completed Sniper School.
6. He provides Permanent Orders (PO) 111-09, issued by Headquarters, 1st BCT, dated 20 April 2004, announcing award of the CIB to him.
7. He provides Orders 33-1790, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 2 February 2004, awarding him MOS 11B10B4 effective 6 February 2004 or upon completion of Sniper Training. He also provides a Sniper Course Diploma showing he successfully completed the course on 6 February 2004.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states, in pertinent part, for item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant successfully completed the Sniper Course and served as a sniper team leader while deployed with his unit in Iraq. The Sniper Course is a training course for combat skills that is not to be listed on the DD Form 214. Therefore, he is not entitled to correction of his DD Form 214 to show this course.
2. PO announced award of the CIB to him. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
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 CIB to item 13 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 Sniper School.
_______ _ 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) AR20110016719
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110016719
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010343
He requests his awards and training be included on his DD Form 214. The applicant's DA Form 20, item 41 (Awards and Decorations) lists the following awards: * NDSM * VSM * CIB * VCM * BSM * PH * ARCOM * BSM (Second Award) * ARCOM (Second Award) * Air Medal * PH (Second Award) * GCM * Expert Rifle M-14 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 22 November 1970 to: a....
ARMY | BCMR | CY2013 | 20130016544
He also requests his DD Form 214 be corrected to show he completed Sniper School. The applicant provides: * orders for four awards of the AAM * orders for the BSM * Enlisted Record Brief (ERB) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Therefore, his DD Form 214 should be corrected to show two additional awards of the AAM.
ARMY | BCMR | CY2012 | 20120011685
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in: * Item 11 (Primary Specialty) to show his military occupational specialty (MOS) as "11B1PB4" instead of "11B1P" * Item 14 (Military Education) to show completion of the Sniper Course 2. With respect to item 11 of his DD Form 214, the applicant completed the Sniper Course on 17 December 2004 and he was awarded MOS 11B1PB4. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130009770
For item 11, from the Enlisted Record Brief (ERB), enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. The evidence of record shows the applicant completed the Sniper Course on 22 April 2005 and he was awarded MOS 11B1OB4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 11 the entry "11B1O Infantryman 3 Years 9 Months" and adding the...
ARMY | BCMR | CY2011 | 20110000889
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * three additional awards of the Army Commendation Medal (ARCOM) * one additional award of the Overseas Service Ribbon * award of the Afghanistan Campaign Medal * award of the Combat Infantryman Badge (CIB) * award of the Parachutist Badge * service in Afghanistan in...
ARMY | BCMR | CY2011 | 20120000438
The corresponding citation states the ARCOM was issued by PO Number 265-004 on 24 September 2007 and reads: For exceptionally meritorious service while serving as an Anti-tank driver against enemy forces in the town of Kajaki Sofia, Afghanistan, during recovery operations of a downed aircraft, [applicant] displayed the ability to make sound and timely decisions in a high pressure situation. Army Regulation 600-8-22 (Military Awards) as amended by Military Personnel Message 08-190,...
ARMY | BCMR | CY2013 | 20130005018
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 April 2007 show he was awarded, authorized, or completed training for the following: * Bronze Star Medal (BSM) * BSM with "V" Device * Combat Infantryman Badge (CIB) * Parachutist Badge with bronze service star * Air Assault Badge * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Global War on Terrorism Service Medal (GWOTSM) * Army...
ARMY | BCMR | CY2010 | 20100020938
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 | CY2010 | 20100000717
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 1992 to show: * Combat Infantryman Badge * Korea Defense Service Medal * Master Parachutist Badge * Marksmanship Sniper Course * Drop Zone Support Team Leader Course * Survival, Evasion, Resistance, and Escape (SERE) Course 2. There are no orders in the applicant's records awarding him the Combat Infantryman Badge or the Master Parachutist Badge. As a...
ARMY | BCMR | CY2010 | 20100012933
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * he attended the school for military occupational specialty (MOS) 31S (Satellite Communications Systems Operator-Maintainer) and to show he received both tactical and strategic training because the course was later split into two courses * he completed school for additional skill identifier (ASI) 1C (Satellite Network Controller) * he completed basic combat training (BCT) *...