IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140005444
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 the:
* Combat Infantryman Badge
* Spartan First Responder Class
* Master Driver Course
2. The applicant states neither the badge nor the classes were placed on his DD Form 214.
3. The applicant provides his DD Form 214 and a certificate of training.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the Regular Army on 9 March 2006 and he held military occupational specialty 11B (Infantryman). He served in Afghanistan from 8 August 2007 to 5 June 2008 and from 1 January 2009 to 9 January 2010.
3. He was honorably released from active duty on 19 July 2010. At the time of separation, he was assigned to Company A, 1st Battalion, 321st Infantry, Fort Drum, NY. His DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Afghanistan Campaign Medal with campaign star
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* NATO Medal (2nd Award)
b. Item 14 (Military Education), the entry "None."
4. His records do not contain and he does not provide orders awarding him the Combat Infantryman Badge.
5. He provides a certificate of training showing completion of the 8-hour Master Driver Course on 30 November 2007.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. It states for the entry in:
a. Item 13, this item shows the awards and decorations for all periods of service in the priority sequence specified in the governing regulation.
b. Item 14, this is obtained from the Soldier's Enlisted Record Brief and shows formal in-service (full-time attendance) training courses of one week or more duration 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.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat
DISCUSSION AND CONCLUSIONS:
1. With respect to the Combat Infantryman Badge:
a. The applicant does not provide and his records do not contain orders awarding him the Combat Infantryman Badge. Although he held an infantry MOS and served in Afghanistan, there is insufficient evidence in the available records and the applicant did not submit sufficient evidence that shows he was awarded this badge or was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.
b. Notwithstanding the applicant's sincerity regarding his entitlement to this badge, in the absence of the orders or evidence that he actively participated in combat while assigned to an infantry unit there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
c. If the applicant can locate the orders that awarded him the Combat Infantryman Badge, he may resubmit his application to the Board.
2. With respect to the military education:
a. He did not provide the certificate or diploma confirming completion of the Spartan First Responder Course. It is unknown if this was a resident course, whether he successfully completed it, and the duration of this course.
b. The Master Driver Course was an 8-hour training course. Authorized military courses are listed when they are of one-week or more duration. His training was less than one week.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140005444
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ABCMR Record of Proceedings (cont) AR20140005444
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