BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20160001255 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20160001255 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 adding to his DD Form 214 the Air Assault Badge and the Korea Defense Service Medal and the appropriate entry showing he completed the Air Assault Course. _____________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: 27 April 2017 DOCKET NUMBER: AR20160001255 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 add the Air Assault Course and the Air Assault Badge. 2. He states the missing items were due to an error. 3. He provides Orders 237-130, dated 17 December 1986 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 13 June 1978. 3. He served in Korea from 7 November 1984 to 8 November 1985. 4. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Air Assault Badge. 5. Permanent Orders 237-130, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, on 17 December 1986, awarded him the Air Assault Badge for the period 10 November 1986 through 25 November 1986 for successful completion of the standard Air Assault Course. 6. He was honorably discharged from active duty on 22 January 1990. His DD Form 214 shows he completed 11 years, 7 months, and 10 days of active duty service and lists the following awards and military education: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Overseas Service Ribbon (3d Award) * Army Commendation Medal (3d Oak Leaf Cluster) * Army Achievement Medal * Noncommissioned Officer Professional Development Ribbon * Army Good Conduct Medal (3d Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar b. Item 14 (Military Education) – does not include the Air Assault Course. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined. This award is authorized by Public Law 107-314 enacted in 2003. 2. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. The regulation stated, in pertinent part, to enter in item 14 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; e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION: 1. Permanent Orders and the applicant's DA Form 2-1 verify award of the Air Assault Badge. His DD Form 214 does not reflect this badge. 2. The evidence of record shows he successfully completed the Air Assault Course for the period 10 November 1986 through 25 November 1986. There is no regulatory requirement to list this course on the DD Form 214 as it is a training course in combat skills. 3. The evidence of record shows he served in Korea from 7 November 1984 to 8 November 1985 during a qualifying period for award of the KDSM. He was discharged prior to the enactment of the law that authorizes this award and it has not yet been added to his 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) AR20160001255 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001255 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2