IN THE CASE OF:  

		BOARD DATE:  29 October 2020

		DOCKET NUMBER:  AR20200002696


APPLICANT REQUESTS: Correction of his record to show:

*	Air Assault Badge
*	Parachutist Badge
*	Ranger Tab
*	Combat Medical Badge
*	Sapper Tab
*	Operation Desert Shield/ Desert Storm deployment
*	A personal hearing before the Board 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states his 201 file and microfiche were lost/missing during the move to 
a new company headquarters.  Due to his request for an early out, the company 
commander ordered him to clear in his physical fitness uniform and to be escorted by 
the platoon sergeant.  The company clerk by order of the company commander 
refrained from placing special awards and deployments on his DD Form 214 (Certificate 
of Release or Discharge from Active Duty).  He was prejudiced for requesting an early 
out by the company commander who was disgusted that this dedicated high speed 
medic was getting out to go to nursing school.

3.  A review of the applicant's official records/microfiche shows the following:

	a.  On 10 November 1987, the applicant enlisted in the Regular Army.
	b.  DA Form 2-1 (Personnel Qualification Record) shows the following:

*	Item 5 (Oversea Service) Hawaii 25 September 1990 – 24 September 1993
*	Item 17 (Civilian Education and Military Schools) (only military education 
listed below)

*	91A (Medical Specialist); 1988
*	Emergency Medical Technician Course; 1988
*	Pathfinder Theories and Operations; 1988
*	Field Sanitation Course; 1988
*	Flight Medic Course; 1989
*	Primary Leadership Development Course; 1990
*	Basic Noncommissioned Officer (NCO) Course; 1991

	c.  On 10 November 1987, the applicant was honorably released from active duty by 
reason of attendance at school.  He completed 7 years, 1 month, and 20 days of net 
active service, with 3 years of foreign service.  He was awarded or authorized:

*	Army Lapel Button
*	Army Commendation Medal (2nd Award)
*	Army Achievement Medal (2nd Award)
*	Army Good Conduct Medal
*	National Defense Service Medal
*	NCO Professional Development Ribbon with Numeral 2
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Expert Marksmanship Qualification Badge with Grenade Bar
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar
*	Driver and Mechanic Badge with Driver Bar

	d.  The applicant's records/microfiche are void of orders awarding him any of the 
requested awards and decorations.  Likewise, it is void of a deployment in support of 
Operation Desert Shield/ Desert Storm.

4.  See applicable references below.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the available documentation, the Board 
concluded there was insufficient evidence to show the applicant was ever awarded the 
requested awards during his military service.  Therefore, the Board concluded there was 
insufficient evidence of an error or injustice which would warrant adding any additional 
awards to the applicant’s record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
		  
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.





REFERENCES:

1.  Title 10, USC, 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 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.

2.  Army Regulation (AR) 600-8-22 (Military Awards) states:

	a.  Award of the Air Assault Badge requires satisfactory completion of an air assault 
training course according to the U.S. Army Training and Doctrine Command 
standardized Air Assault Core Program of Instruction, or completion of the standard Air 
Assault Course.

	b.  States award of the basic Parachutist Badge requires that an individual must 
have satisfactorily completed the prescribed proficiency tests while assigned or 
attached to an airborne unit or the Airborne Department of the Infantry School or have 
participated in at least one combat parachute jump.

	c.  The Ranger Tab is awarded for successful completion of a Ranger Course 
conducted by the U.S. Army Infantry School or the Ranger Training Command.

	d.  The Combat Medical Badge is awarded to medical department personnel 
(colonel and below) who are assigned or attached to a medical unit of company or 
smaller size that is organic to an infantry unit of brigade, regimental or smaller size 
which is engaged in active ground combat.  

	e.  The Sapper Tab was established on 28 June 2004.  The basic eligibility criteria 
are successful completion of all graduation requirements and a graduation certificate 
from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The 
Sapper Tab may be awarded retroactively to any person who successfully completed all 
graduation requirements and received a graduation certificate from the Sapper Leaders 
Course on or after 14 June 1985.  

3.  AR 635-5 (Separation Documents) in effect at the time states:

	a.  Personnel officers will use DA Form 2-1 and any other available record when 
preparing the DD Form 214.  This version of the regulation did not provide a provision 
for the inclusion of combat deployments.

*	item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized); check the Soldier's service records for validity of 
awards
*	item 14 (Military Education); list in service training courses; title, number of 
weeks, year successfully completed during the period of service, training 
courses for combat skills will not be listed
*	item 18 (Remarks) use this block for entries required by Headquarters 
Department of the Army for which a separate block is not available and for 
completing entries that are too long for their blocks

4.  AR 15-185 (ABMCR) states:

	a.  Paragraph 2-2 the ABCMR will decide cases on the evidence of record.  It is not 
an investigative body.

	b.  Paragraph 2-9 the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

	c.  Paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. 
The Director or the ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002696


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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