IN THE CASE OF:	  

		BOARD DATE:	    18 July 2013

		DOCKET NUMBER:  AR20120021914 


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 he completed Air Assault School.

2.  The applicant states he also has some other awards that should be a part of his record.

3.  The applicant provides:

* 101st Airborne Division (Air Assault) Certificate of Training
* Individual Infantry Training Certificate
* Permanent Order 364-57 awarding him the Army Achievement Medal
* 1st Battalion (Mechanized), 5th Infantry Certificate of Achievement
* 2nd Brigade Reception Integration/Headstart Program Certificate of Training
* Coin and Covenant Certificate

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 26 September 1990.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 
13 January 1991 through 12 January 1992.  After completing 2 years, 4 months, and 4 days of active service he was discharged under honorable conditions on 29 January 1993.

3.  The applicant's DD Form 214 shows no military education and the following awards:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* National Defense Service Medal
* Army Achievement Medal
* Overseas Service Ribbon

4.  The applicant provides a Certificate of Training from the 101st Airborne Division (Air Assault) showing that on 28 April 1992, he successfully completed the combat assault, rappelling, and rigging and slingloading phases of the Air Assault School, thereby earning certification and the distinctive right and honor to wear the Air Assault Badge.

5.  He provides certificates showing:

* he attended and successfully completed Individual Infantry Training at the U.S. Army Infantry Training Center, Fort Benning, GA from 4 October to 
20 December 1990  
* he attended and successfully completed the 2nd Brigade Reception Integration/Headstart Program at Camp Hovey, Korea, from 28 January to 1 February 1991

6.  The applicant provides Permanent Order 364-57 from 1st Battalion 503rd Infantry Regiment, 2nd Infantry Division awarding him the Army Achievement Medal for meritorious service from 12 January 1991 to 12 January 1992.

7.  He also provides a Certificate of Achievement from 1st Battalion (Mechanized (M)), 5th Infantry, dated 10 July 1991, and a Coin and Covenant Certificate, dated 2 December 1991.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of retirement, release from active duty, or discharge.  It also states:

* In item 13 – Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  
* In item 14 – List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed, except for training courses for combat skills

9.  This regulation further states that certificates of achievement, letters of commendation, and similar documents are not recorded on the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He provides a copy of Permanent Order 364-57 awarding him the Army Achievement Medal.  However, this medal is already shown on his DD Form 214; therefore, there is no need to amend his DD Form 214 to show this award.

3.  According to the applicable regulation, certificates of achievement, letters of commendation, and similar documents are not recorded on the DD Form 214.  It would not be appropriate to amend the applicant's DD Form 214 to show the 1st Battalion (M), 5th Infantry Certificate of Achievement or the Coin and Covenant Certificate.

4.  Regulatory guidance precludes showing training for combat skills courses on the DD Form 214.  Therefore, the applicant's completion of the Individual Infantry Training Course should not be listed.
5.  His DD Form 214 should be amended to show he successfully completed the 101st Airborne Division, Air Assault School, in April 1992 and the 2nd Brigade Reception Integration/Headstart Program from 28 January to 1 February 1991.

6.  The applicant is also authorized the Air Assault Badge and the Korea Defense Service Medal; both should be added to his DD Form 214.

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 amending:

	a.  Item 13 on his DD Form 214 to show he is authorized the Air Assault Badge and the Korea Defense Service Medal.

	b.  Item 14 to show he successfully completed the Air Assault School – April 1992, and the 2nd Brigade Reception Integration/Headstart Program – 1 Week – February 1991.

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 amending his DD Form 214 
to show the Certificate of Achievement, the Coin and Covenant Certificate, and the Individual Infantry Training Course.


      ___________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)                                         AR20120021914



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ABCMR Record of Proceedings (cont)                                         AR20120021914



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