IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002479
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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show completion of Airborne Training and Air Assault School, as well as award of the Parachutist and Air Assault Badges.
2. The applicant states he completed training in both schools and is entitled to have the courses and badges added to his DD Form 214.
3. The applicant provides copies of a certificate of training for the Air Assault School, his DA Form 2-1 (Personnel Qualification Record - Part II), DA Form 1307 (Individual Jump Record), and DD Form 214.
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 10 August 1973 and completed basic combat training and advanced individual training with award of military occupational specialty (MOS) 64C (Motor Transport Operator).
3. The record shows he completed basic airborne training on 1 February 1974 and the special qualification identifier "P" for Parachutist was added to his MOS.
4. His record also contains Headquarters, U.S. Army Infantry School Special Orders Number 22, dated 29 January 1974, awarding him the Parachutist Badge.
5. He provided a Certificate of Training, dated 7 June 1974, that shows he completed Air Assault School on that same day. Headquarters, 101st Airborne Division (Airmobile) and Fort Campbell issued Special Orders Number 118 on
6 June 1974, awarding the applicant the Airmobile Badge (redesignated as the Air Assault Badge).
6. The applicant was honorably released from active duty on 9 August 1976. His DD Form 214 shows award of the National Defense Service Medal, Good Conduct Medal, and the Army Commendation Medal. Block 27 (Remarks) shows completion of the in-service training course Motor Transport Operator.
7. 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. All formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be included on DD Form 214 showing their duration and year of completion. 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 applicant's award of the Parachutist Badge and Air Assault Badge were omitted from his list of awards on the DD Form 214. It is appropriate to correct the DD Form 214 to include these two badges.
2. While the names of the Basic Airborne Training Course and Air Assault School tend to indicate they are combat skills orientated training, both courses provide training that could be of significant use in a civilian setting for personnel in fire, search and rescue occupations, or sport parachutists. Therefore, it is appropriate to include the entries "Airborne Training Course, 3 weeks, 1974" and "Air Assault School, 2 weeks, 1974" in block 27 of his DD Form 214.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. 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 as follows:
a. adding the Parachutist Badge and Air Assault Badge to the current list of awards; and
b. adding the entries "Airborne Training Course, 3 weeks, 1974" and "Air Assault School, 2 weeks, 1974" to block 27.
____________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) AR20130002479
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ABCMR Record of Proceedings (cont) AR20130002479
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