IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130019424
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 removal of the Air Assault Badge from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he did not attend Air Assault School. He plans to become an officer after graduating from college. He wants to make sure his records are accurate.
3. The applicant provides his 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 27 June 2002 and he held military occupational specialty 96H (Common Ground Station Operator).
3. Headquarters, 532nd Military Intelligence Battalion, Korea, Permanent Orders (PO) 75-01, dated 15 March 2004, awarded him the Army Achievement Medal for meritorious service from 19 May 2003 to 19 May 2004.
4. Headquarters, 532nd Military Intelligence Battalion, Korea, PO 246-10, dated 2 September 2004, awarded him the Army Achievement Medal for meritorious achievement from 18 August to 3 September 2004.
5. His Enlisted Record Brief, dated 7 September 2005, shows he completed the Primary Leadership Development Course and the Airborne Course. It does not show he completed the Air Assault Course.
6. His records do not contain a certificate of training showing completion of the Air Assault Course or orders awarding him the Air Assault Badge.
7. He was honorably released from active duty on 26 June 2006. His DD Form 214 shows in:
* item 13, award of the:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge
* item 14 (Military Education), completion of the:
* Airborne Course
* Common Ground Station Operator Course
* Primary Leadership Development Course
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he did not attend the Air Assault Course. There is no evidence in his available records that confirms his attendance at the Air Assault Course or award of the Air Assault Badge. It appears the Air Assault Badge was erroneously added to his DD Form 214. He is entitled to its removal from his DD Form 214.
2. PO awarded him two awards of the Army Achievement Medal. His DD Form 214 lists only one award. He is entitled to correction of his DD Form 214 to show both awards.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting award of the Air Assault Badge and the Army Achievement Medal from item 13 of his DD Form 214
* adding the Army Achievement Medal (2nd Award) to item 13 of 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) AR20130019424
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130019424
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022538
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) to show his correct amount of foreign service and to show award of the Army Achievement Medal and Army Commendation Medal. Army Achievement Medal for meritorious service from 8 July 2002 to 8 July 2003 by Headquarters, 532nd Military Intelligence Battalion, Permanent Order Number 283-01,...
ARMY | BCMR | CY2005 | 20050003015C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (First Oak Leaf Cluster), the Multinational Force and Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon and the Air Assault Badge. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board...
ARMY | BCMR | CY2014 | 20140004239
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to correct his DD Form 214 to show these awards. 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: * deleting from item 12f the current entry and replacing it with the entry "0001--10--23" * deleting from item 13 the Army Commendation Medal (2nd Award) and the...
ARMY | BCMR | CY2012 | 20120006160
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the: * Legion of Merit (2nd Award) * Republic of Vietnam Gallantry Cross with Bronze Star * Armed Forces Expeditionary Medal with "Arrowhead" * Valorous Unit Award * Special Forces (SF) Tab 2. This period of service entitles him to award of the Armed Forces Expeditionary Medal and correction of his records to show it. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2012 | 20120011876
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * second deployment to Iraq from 27 June to 31 October 2008 * completion of the Warrior Leader Course 2. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 14, from the ERB, shows formal in-service (full-time attendance) training courses successfully completed during the period of...
ARMY | BCMR | CY2010 | 20100011496
He also states the ROP addressed the Army Commendation Medal he received for meritorious service for the period from 5 April 2004 to 1 June 2009 and determined it was recorded on his DD Form 214, which is also correct. The evidence of record shows that two separate permanent orders awarded the applicant the Army Commendation Medal: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD...
ARMY | BCMR | CY2013 | 20130018987
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) to add the Army Superior Unit Award and in item 18 (Remarks) to add his service in Kuwait, Korea, Bosnia, and Germany. His record shows he was awarded two awards of the Army Commendation Medal; however, only one award was listed on his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110000965
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 11 (Primary Specialty) to show his special qualification identifier (SQI) of "H" (Instructor) and his additional skill identifier (ASI) of "2B" (Air Assault) * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show Army Achievement Medal "(4th Award)" vice "(3rd Award)" * Item 13 to show awards of the Army Commendation...
ARMY | BCMR | CY2015 | 20150001931
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Meritorious Service Medal * Korea Defense Service Medal * Drivers Badge * Noncommissioned Officer (NCO) Professional Development Ribbon (2nd Award) 2. The applicant states: * the Korea Defense Service Medal was established after his retirement; he served in Korea the required 30 days in a temporary duty (TDY) status * the Meritorious Service Medal and Drivers Badge were...
ARMY | BCMR | CY2012 | 20120010406
His DD Form 214 shows in: * Item 11 - 38B1P Civil Affairs Specialist, 6 years and 0 months * Item 12f - 5 months and 5 days of foreign service * Item 13 - the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star * NCO Professional Development Ribbon * Army Service Ribbon * Armed Forces Reserve Medal With "M" Device * Combat Action Badge *...