IN THE CASE OF: BOARD DATE: 21 February 2012 DOCKET NUMBER: AR20110016719 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB) and Sniper School. 2. He states he received the sniper "B4" identifier, the CIB, and two Bronze Star Medals for actions as a sniper in combat. He requests correction of his DD Form 214 to show these items so his claim with the Department of Veterans Affairs will be processed and to show he was indeed in combat operations in Iraq. 3. He provides orders, a Sniper Course Diploma, and two Bronze Star Medal (BSM) Certificates. 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 21 September 2001. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Infantryman). 3. His record in the interactive Personnel Electronic Records Management System (iPERMS) includes: a. a BSM Certificate showing permanent orders awarded him the BSM for meritorious service in Iraq from 15 March 2004 to 22 March 2005 while assigned to the First Brigade Combat Team (BCT) and b. a DA Form 2166-8 ([Noncommissioned Officer] Evaluation Report) for the period August 2004 to July 2005 showing he served as a sniper team leader in a mechanized infantry battalion deployed to Operation Iraqi Freedom II. 4. On 20 September 2005, he was honorably released from active duty. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at that time does not show the CIB. Item 14 (Military Education) does not show Sniper School. 5. His record in iPERMS is void of documentation showing he was awarded the CIB or that he completed Sniper School. 6. He provides Permanent Orders (PO) 111-09, issued by Headquarters, 1st BCT, dated 20 April 2004, announcing award of the CIB to him. 7. He provides Orders 33-1790, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 2 February 2004, awarding him MOS 11B10B4 effective 6 February 2004 or upon completion of Sniper Training. He also provides a Sniper Course Diploma showing he successfully completed the course on 6 February 2004. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states, in pertinent part, for item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION AND CONCLUSIONS: 1. The available records show the applicant successfully completed the Sniper Course and served as a sniper team leader while deployed with his unit in Iraq. The Sniper Course is a training course for combat skills that is not to be listed on the DD Form 214. Therefore, he is not entitled to correction of his DD Form 214 to show this course. 2. PO announced award of the CIB to him. Therefore, he is entitled to correction of his DD Form 214 to show this badge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X ___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the CIB to item 13 of his DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to Sniper School. _______ _ 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) AR20110016719 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110016719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1