BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010563 


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 show two awards of the Army Achievement Medal (AAM), Expert Marksmanship Qualification Badge with Rifle Bar, completion of the Long Range Surveillance (LRS) Leadership Course in February 1996, completion of airborne training in March 1996, and attendance of the Ranger Course.

2.  The applicant states he earned the above awards and he attended the named schools.

3.  The applicant provides:

* his DD Form 214
* an unsigned/undated DA Form 4187 (Personnel Action)
* a DD Form 2586 (Verification of Military Experience and Training)
* an AAM Certificate, dated 11 November 1994
* an AAM Certificate, dated 30 October 1995

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 22 April 1994 for a period of
3 years and 17 weeks and training as an infantryman.  He completed his one-station unit training (OSUT) at Fort Benning, GA and he was awarded military occupational specialty 11M (fighting vehicle infantryman).  He was transferred to Fort Hood, TX for his permanent duty assignment.

3.  Permanent Order Number 11-030, issued by Headquarters, 1st Squadron,
5th Cavalry, 1st Cavalry Division, Fort Hood, dated 11 November 1994, awarded him the AAM for outstanding performance of duty during his unit's October 1994 National Training Center (NTC) deployment.

4.  Permanent Orders Number 10-16, issued by Headquarters, 163rd Military Intelligence Battalion, Fort Hood, dated 30 October 1995, awarded him the AAM for meritorious achievement during his unit's NTC rotation.

5.  Evidence of record shows the applicant attended and completed the 3-week Airborne Training Course at Fort Benning on 11 March 1996.  Permanent Orders 057-344, issued by Headquarters, U.S. Army Infantry Center, Fort Benning awarded him the Parachutist Badge effective 11 March 1996 for successfully completing Airborne training.

6.  The applicant provided an unsigned/undated DA Form 4187 requesting attendance at the Ranger course.  His record contains the following permanent orders issued by Headquarters, U.S. Army Infantry Center, Fort Benning, pertaining to his Ranger training:

* Permanent Orders 179-306, awarding him the Ranger Tab, effective
12 July 1996
* Permanent Orders 198-270, revoking Permanent Orders 179-306
* Permanent Orders 206-280, awarding him the Ranger Tab, effective
9 August 1996
* Permanent Orders 222-229, revoking Permanent Orders 206-280

7.  On 4 April 1997, the applicant was discharged under honorable conditions.  He completed 2 years, 10 months, and 13 days of creditable active service with 29 days of time lost.  The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal and the Army Service Ribbon.

8.  A review of the applicant's records failed to show orders awarding him a marksmanship badge.  Additionally, there are no documents indicating he completed any other schools/courses other than his OSUT and Airborne training.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Announcement in orders is required.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 on the DD Form 214.

	b.  item 14 (Military Education), list in-service training courses; title, number of weeks, and month and year successfully completed during this period of service.  
This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him two awards of the AAM.  Therefore, his
DD Form 214 should be corrected to show these awards.

2.  Records show he completed the 3-week Airborne Course in March 1996 and he was awarded the Parachutist Badge.  Therefore, his DD Form 214 should be corrected to show this training course and badge.

3.  Permanent orders show he was awarded the Ranger Tab on two occasions; however, both orders were subsequently revoked.  It appears that although he 


attended Ranger training, there is no evidence of record and he did not provide any evidence showing that he successfully completed Ranger training.  Therefore, there is an insufficient evidentiary basis for adding Ranger training (which in any case is a strictly-combat skill) or the Ranger Tab to his DD Form 214.

4.  Additionally, while there are no documents to verify the applicant’s attendance or completion of the LRS Leadership Course, courses for combat skills are not authorized for entry on the DD Form 214.

5.  There is no evidence of record and the applicant did not provide any evidence that shows his level of weapons qualification and with what weapon(s).  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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:

	a.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* Parachutist Badge

	b.  deleting from item 14 of his DD Form 214 the current entry and replacing it with the entry "Airborne Course, 3 weeks, March 1996."

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 award of the Expert 


Marksmanship Qualification Badge with Rifle Bar, and completion of the LRS Leadership Course and Ranger 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)                                         AR20120010563



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ABCMR Record of Proceedings (cont)                                         AR20120010563



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