BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013105 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013105 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. BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150013105 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 completed the Airborne Course. 2. The applicant states the name on the United States Army Infantry School (USAIS) diploma is incorrect. As a result, it is not filed in his Official Military Personnel File and the training is not recorded in item 14 (Military Education) of his DD Form 214. 3. The applicant provides copies of the following documents: * USAIS Diploma * 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 3 August 1988 for a period of 3 years. 3. His DA Form 2-1 (Personnel Qualification Record), prepared on 25 May 1994, shows in – * item 1 (Name): M__PHY, F__ J__ III * item 2 (Social Security Number (SSN)): * item 17 (Civilian Education and Military Schools), in pertinent part, he successfully completed – * Infantryman (Military Occupational Specialty 11B), 7 Weeks, 1989; U.S. Army Infantry Training Center, Fort Benning, GA * Precision Marksmanship Course, 4 Weeks, 1990; Fort Campbell, KY * Air Assault Course, 2 Weeks, 1990; U.S. Army Training Center, Fort Campbell, KY * item 18 (Appointments and Reductions) – * Private (E-1), 3 August 1988 * Private (E-2), 3 February 1989 * Private First Class, 3 August 1989 * Specialist (E-4), 1 July 1990 * Sergeant (E-5), 1 June 1991 4. Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, Permanent Orders 129-050, dated 10 July 1989, awarded the applicant the Air Assault Badge for the period 8 June through 22 June 1989 for successfully completing the standard Air Assault Course. The orders show his rank/grade as private/E-2. 5. The applicant's DD Form 214 shows he entered active duty on 3 August 1988, was honorable released from active duty (REFRAD) on 2 August 1991, and transferred to an Army National Guard unit to complete his Reserve obligation. He had completed 3 years of net active service this period. It also shows in – * item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button * National Defense Service Medal * Southwest Asia Service Medal with 2 Bronze Service Stars * Combat Infantryman Badge * Expert Infantryman Badge * Air Assault Badge * Army Achievement Medal * item 14 (Military Education): Precision Marksmanship Course, 4 Weeks, April 1990 6. In support of his application the applicant provides FB [Fort Benning] (USAIS) Form 99 (Airborne Course Diploma) that shows Sergeant F__ J. "M__RAY" (SSN: ) successfully completed the Airborne Course. The diploma was issued on 27 June 1992 and signed by Brigadier General C__ F. E____, Assistant Commandant, and Major General J__ A. W____, Commandant, USAIS, Fort Benning, GA. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File. b. Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. It shows for item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. DISCUSSION: 1. The applicant contends that DD Form 214 should also be corrected to show he completed the Airborne Course. 2. Permanent orders awarded the applicant the Air Assault Badge for successful completion of the standard Air Assault Course at Fort Campbell, KY, during a 2-week period in June 1989. 3. The evidence of record shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be listed in item 14 of the DD Form 214. 4. The applicant provides a copy of an FB (USAIS) Form 99 (Airborne Course Diploma). a. It shows Sergeant F__ J. "M__RAY" successfully completed the Airborne Course on 27 June 1992. b. This diploma shows completion of the Airborne Course almost a year after the period covered by this DD Form 214. 5. By regulation, the DD Form 214 only shows certain types of military education completed during the period covered by the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013105 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013105 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2