IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120009845
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) as follows:
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the:
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* Item 14 (Military Education) to show the Air Assault School
2. He also requests a copy of a completion certificate for the Air Assault School.
3. He states these awards are missing from his DD Form 214. He completed the Air Assault School with his unit. This was one of the hardest, but he finished.
4. He provides copies of his DD Form 214 and military photograph.
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's military record shows he enlisted in the Regular Army, in pay grade E-1, on 16 August 1988, for 3 years. He completed training and was awarded military occupational specialty 77F (Petroleum Supply Specialist.) He served in Germany from 18 March 1989 through 12 March 1991.
3. His military records do not show he completed any air assault training.
4. He was honorably released from active duty in pay grade E-4 on 13 August 1991, for expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years, 11 months, and 28 days of net active service and no time lost. His DD Form 214 shows in:
* Item 13 the:
* Army Service Ribbon
* Overseas Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with one bronze service star
* Army Achievement Medal with 3rd Oak Leaf Cluster
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Item 14 the:
* Petroleum Supply Specialist, 9 weeks, March 1989
* Petroleum Vehicle Operator, 5 weeks, March 1989
* German Headstart, 1 week, April 1989
5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows the same awards as on his DD Form 214. The form also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 15 September 1988 and the Expert Marksmanship Qualification Badge with Grenade Bar on 27 September 1988.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
b. Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Grenade Bar. These awards are currently listed on his DD Form 214. However, the evidence of record does not confirm, and he has not shown sufficient evidence, that he was qualified for the Expert Marksmanship Qualification Badge with Rifle Bar. Based on the available evidence, he is not entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar and to have it added to his DD Form 214.
2. There is also no evidence of record and he has provided none to show that he attended and successfully completed the air assault training course and met the criteria for award of the Air Assault Badge. Therefore, he is not entitled to this award and its addition to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120009845
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009845
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002800
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 September 1990, to show he was awarded the Expert Infantryman Badge (EIB) and Ranger Tab. There is no evidence of record and the applicant provides insufficient evidence to show he satisfactorily completed the prescribed proficiency tests for award of the EIB while...
ARMY | BCMR | CY2011 | 20110009517
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Missile (Dragon) Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Overseas Service Ribbon * Completion of the Basic Airborne Course * Completion of the M-72 Dragon Course 2. He qualified for award of the Army Service Ribbon and he should be entitled to...
ARMY | BCMR | CY2010 | 20100014939
The applicant states: * The date of his entry should be 1986 due to the Delayed Entry Program (DEP) * He was sworn in at Fort Jackson in January/February 1987 * His awards are not all listed and some are incorrect * His DD Form 214 shows the Marksman Marksmanship Qualification Badge but he shot "sharpshooter" every time * He also made a perfect score coming out of basic training * He has had amnesia for 21 years as a result of brain surgery performed by a military doctor following a car...
ARMY | BCMR | CY2009 | 20090007382
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was an Army National Guard specialist/pay grade E-4 with overseas service in Bosnia from October 1996 to April 1997 and that he was awarded the NATO Medal, two awards of the Army Achievement Medal (AAM), one award of the Army Commendation Medal (ARCOM), the Armed Forces Service Medal, the Armed Forces Service Medal (AFSM), the Army Service Ribbon (ASR), the Expert...
ARMY | BCMR | CY2009 | 20090011339
The applicant requests his award of the Expert Infantryman Badge and his completion of the Combat Lifesaver Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 May 1992. The applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. The applicant contends his award of the Expert Infantryman Badge and his completion of the Combat...
ARMY | BCMR | CY2007 | 20070000921
The applicant's military service records contain a copy of a DA Form 2-1 (Personnel Qualification Record). In support of his application, the applicant provides a copy of a DA Form 638, dated 9 April 1991 and DA Form 4980-18, dated 10 July 1991, which show that Headquarters, 2nd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Order Number 4-33, dated 29 May 1991, awarded the applicant the Army Achievement Medal for meritorious...
ARMY | BCMR | CY2014 | 20140015194
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Army Achievement Medal (AAM) * marksmanship qualification with the pistol (.45 caliber and 9 millimeter) * completion of Nuclear, Biological, and Chemical Training School 2. The applicant contends that his DD Form 214 should be corrected to show: * Award of the Army Achievement Medal (AAM) * Marksmanship qualification with the pistol (.45 caliber and 9 millimeter) *...
ARMY | BCMR | CY2010 | 20100017213
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 May 1993 to show the Expert Infantryman Badge (EIB), Air Assault Badge, and a second award of the Army Achievement Medal (AAM). There are no orders for the Air Assault Badge in the applicant's service personnel records. There is no evidence of record and the applicant provided no evidence which shows he completed the Air Assault course.
ARMY | BCMR | CY2014 | 20140010803
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle Bar (M16A1), and Expert Marksmanship Qualification Badge with Pistol Bar * a certificate of proficiency * completion of the Combat Leader Course and Airborne Course 2. The diploma provided by the applicant which shows he completed the 3-week Airborne Course in 1990 is accepted as...
ARMY | BCMR | CY2012 | 20120004915
c. His AIT and 5-week BSEP should be shown in item 14 of his DD Form 214. d. He was told his discharge would be upgraded to honorable after 2 years. There is no indication in the available records that the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations. Since his record of service included adverse counseling statements, a bar to reenlistment, and two NJP's, his service did not meet the standards of acceptable conduct...