IN THE CASE OF:	 

		BOARD DATE:	    14 February 2012

		DOCKET NUMBER:  AR20110015964 


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 the Expert Infantryman Badge (EIB) and the Air Assault Badge.

2.  The applicant states he does not know why these awards were not added to his DD Form 214.

3.  The applicant provides:

* Permanent Orders 161-18, issued by Headquarters, 172nd Infantry Brigade, Fort Wainwright, AK, dated 10 June 2003
* a 25th Infantry Division and U.S. Army Hawaii certificate of completion for the Air Assault Class MTT (Mobile Training Team) 03-02 from 31 May through 14 June 2002
* a 172nd Infantry Brigade EIB certificate of completion

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 17 July 2001 and he held military occupational specialty (MOS) 11B (Infantryman).  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry Regiment, Fort Wainwright, AK, on 17 March 2002.

3.  Permanent Orders Number 161-18, dated 10 June 2003, awarded him the EIB for successful completion of the EIB testing from 19 May to 6 June 2003.

4.  His record does not contain orders awarding him the Air Assault Badge.

5.  He was honorably discharged on 24 May 2005 by reason of disability with severance pay.  He completed 3 years, 10 months, and 8 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the EIB or the Air Assault Badge.

7.  The applicant provides a certificate that shows he attended and successfully completed the Air Assault Class at Schofield Barracks, HI, from 31 May to 14 June 2002.

8.  Army Regulation 600-8-22 (Military Awards) states award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Expert Infantryman Badge for the period 19 May to 6 June 2003.  Therefore, his DD Form 214 should be corrected to show this award.


2.  Evidence shows the applicant successfully completed the air assault training course conducted at The Air Assault School at Schofield Barracks, HI during the period 31 May through 14 June 2002.  Therefore, he is entitled to award of the Air Assault Badge and correction of his DD Form 214 to show this award.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  awarding him the Air Assault Badge, and

	b.  adding to item 13 of his DD Form 214 the Expert Infantryman Badge and the Air Assault Badge.



      _______ _ 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)                                         AR20110015964



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ABCMR Record of Proceedings (cont)                                         AR20110015964



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