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