BOARD DATE:    8 December 2015

		DOCKET NUMBER:  AR20150005646 


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 following awards:

* Army Commendation Medal (ARCOM)
* Expert Infantryman Badge (EIB)
* Air Assault Badge (AAB)

2.  The applicant states the ARCOM, EIB, and AAB were left off of his 
DD Form 214.

3.  The applicant provides no additional documentation.

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.  On 7 November 1990, the applicant enlisted in the Regular Army and was trained as an infantryman with airborne qualification.

3.  A DA Form 2-1 (Personnel Qualification Record) shows the applicant:

	a.  was assigned to Company A, 4th Battalion, 9th Infantry Regiment located at Fort Wainwright, Alaska from on or about April 1991 to March 1993; and

	b.  completed the 2-week Air Assault Course at Fort Richardson, Alaska in 1992.  This form also lists the AAB among his awards and decorations.

4.  Permanent Orders 117-2, Fort Wainwright, Alaska, dated 28 July 1992, as filed in the applicant’s Official Military Personnel File (OMPF), announced his award of the EIB effective 19 June 1992.

5.  A DA Form 638-1 (Recommendation for Award), initiated 7 January 1993, as filed in the applicant’s OMPF, shows he was recommended for award of the ARCOM.  The document also shows that the recommendation was approved and permanent orders were issued on 1 February 1993; however, the specific order number is illegible on the form.

6.  On 19 March 1993, the applicant was released from active duty and transferred to the 121st Infantry (Mechanized), as a member of the Georgia Army National Guard.  His DD Form 214 for this period of service shows his awards as:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Lapel Button
* Parachutist Badge

7.  Army Regulation 600-8-22 (Military Awards) states that 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 while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the ARCOM, EIB and the AAB.
2.  The available evidence of record shows the applicant was awarded the ARCOM, EIB, and AAB.  This decoration and badges should be shown on his DD Form 214.

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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include:

* Army Commendation Medal
* Expert Infantryman Badge
* 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)                                         AR20140018218



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ABCMR Record of Proceedings (cont)                                         AR20150005646



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