IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140010868
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his award of the Air Assault Badge, completion of the Basic Leadership Course and Air Assault Course, and adding his Certificate of Achievement and Certificate for the 50 Mile Club.
2. The applicant states that his DD Form 214 does not reflect his award of the Air Assault Badge, completion of the Basic Leadership Course and Air Assault Course or his Certificate of Achievement and Certificate for the 50 Mile Club.
3. The applicant provides copies of his DD Form 214, completion certificates for the Basic Leadership Course and Air Assault Course, orders awarding him the Air Assault Badge, Certificate of Achievement, and certificate for the 50-Mile club.
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 18 April 1972 for a period of 3 years and assignment to the 101st Airborne Division. He completed his basic training at Fort Dix, New Jersey and was assigned to Fort Campbell, Kentucky.
3. On 10 August 1972 he was given a certificate for completing 50 miles of running.
4. On 17 January 1974, he completed a 2-week Basic Leadership Course
5. On 27 April 1974 he completed the 2-week Air Assault Course and was awarded the Air Assault Badge.
6. On 12 June 1974, he was given a Certificate of Achievement for his participation in a training exercise.
7. On 21 August 1975, he was honorably released from active duty (REFRAD). His DD Form 214 shows he was awarded the National Defense Service Medal and parachutist badge.
8. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Air Assault Badge and is entitled to have that award added to his DD Form 214.
2. The applicant completed the 2-weeks air assault course in April 1974 and is entitled to have that course added to item 27 of his DD Form 214.
3. The applicant completed the 2-week basic leadership course in January 1975 and is entitled to have that course added to item 27 of his DD Form 214.
4. However, Certificates of Achievement and similar documents are not authorized for entry on the 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:
* Adding the award of the Air Assault Badge to item 26 of his DD Form 214
* Adding the entry Air Assault Course 2 weeks April 1974 to item 27 of his DD Form 214
* Adding the entry Basic Leadership Course 2 weeks January 1975 to item 27 of his DD Form 214
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 his Certificate of Achievement and 50 Mile Club certificate 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) AR20140010868
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ABCMR Record of Proceedings (cont) AR20140010868
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