IN THE CASE OF:	  

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140001132 


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 he qualified expert with the mortar and completed the following military training:

* Infantry School
* Air Assault School
* Combat Lifesaver Course
* Force Protection and Antiterrorism Training (FP/AT)

2.  He states he completed these courses and they were omitted from his DD Form 214 at the time of his discharge.

3.  He provides:

* DD Form 214
* DA Form 5964-R (Gunner's Examination Scorecard-Mortars)
* FP/AT completion document
* U.S. Army Infantry School (USAIS) Diploma
* Air Assault Course Certificate
* Certificate of Training for the Combat Lifesaver Course 



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.  His available records show he enlisted in the Regular Army on 28 March 2001 and he held military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  He was discharged from active duty on 13 May 2004.  His DD Form 214 shows he completed 2 years, 5 months and 10 days of active service.  It also shows in:

* item 11 (Primary Specialty) - 11C1P 
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Global War on Terrorism Service Medal
* item 14 (Military Education) – Airborne Training Course, 3 weeks, May 2001

4.  There are no orders for the Air Assault Badge in the applicant's service personnel records.  

5.  His DA Form 2-1 (Personnel Qualification Record) only shows that he completed Airborne Training in 2001.

6.  The applicant provided:

* DA Form 5964-R which shows he qualified as a First Class Gunner (Sharpshooter) with the M252 mortar, 14 June 2001
* a document showing he completed the FP/AT training, 19 June 2001
* USAIS Diploma, dated 13 July 2001
* Air Assault Training Certificate, 30 May -14 June 2002
* Combat Lifesaver Course Training Certificate, 16-20 September 2002
(40 Hours)

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
	
	b.  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.  

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Item 14 shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  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 requests that his DD Form 214 be corrected to add his marksmanship qualification on the mortar and successful completion of Air Assault School, Infantry School, Combat Lifesaver Course, and FP/AT training.

2.  He completed the USAIS Course during the period 6 April to 13 July 2001 and he was awarded MOS 11C which is shown on his DD Form 214.  Because this course was for combat arms skills only, it would not be appropriate to show this training to his DD Form 214.

3.  The Air Assault Badge was authorized for Soldiers satisfactorily completing the prescribed air assault training course after 1 April 1974.  He provided a copy of his Air Assault Training Certificate which is sufficient evidence to award him the Air Assault Badge and add this course to the military training listed on his DD Form 214.

4.  The evidence shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature.  Therefore, since the applicant has provided his Combat Lifesaver Course completion certificate, it is appropriate to include the course in item 14 of the applicant's DD Form 214.

5.  He qualified as a First Class (Sharpshooter) Gunner on the Mortar; therefore, his DD Form 214 should be corrected to add the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.

6.  Regulatory guidance allows for the entry of formal training courses on the DD Form 214.  The FP/AT training is an annual informal training requirement normally conducted at the unit level and as such is not listed on the DD Form 214.

7.  In view of the foregoing, he should be granted partial relief.

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 adding to:

   a.  item 13 of his DD Form 214 the Air Assault Badge and Sharpshooter Marksmanship Qualification Badge with Mortar Bar; and 
   
   b.  item 14 of his DD Form 214 the entries:
   
* Air Assault, 2 weeks, 2002
* Combat Lifesaver Course, 1 week, 2002 


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 the U.S. Army Infantry School Indirect Fire Infantryman Course and the Force Protection/Antiterrorism Training Course 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)                                         AR20140001132



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ABCMR Record of Proceedings (cont)                                         AR20140001132



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