BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004817 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004817 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 award of the Meritorious Service Medal to his DD Form 214. 2. The Board further determined 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 amending his DD Form 214 to show completion of the Airborne 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: 15 November 2017 DOCKET NUMBER: AR20160004817 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 he completed the Airborne Course on 23 January 1980 and award of the Meritorious Service Medal. 2. The applicant states: a. He attended the U.S. Army Airborne School at Fort Benning, Georgia, and graduated on 23 January 1980. Although his DD Form 214 shows he is authorized award of the Parachutist Badge, his completion of the Airborne Course in 1980 as a Reserve Officers' Training Corps (ROTC) cadet is omitted. This omission is impacting his ability to prove a claim for veterans' disability benefits for a service-connected injury he sustained while attending the course. b. He was awarded the Meritorious Service Medal at the end of his active duty service. 3. The applicant provides: * Airborne Course Diploma * Meritorious Service Medal Certificate and orders * DD Form 214 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's complete military records are not available for review. 3. He provided his Airborne Course Diploma, dated 24 January 1980, showing he completed the Airborne Course at Fort Benning, Georgia. 4. The available records contain U.S. Army ROTC Instructor Group Orders 5-6, dated 27 May 1983, showing he was discharged from the U.S. Army Reserve Control Group (ROTC) effective 28 May 1983 to accept a commission in the U.S. Armed Forces. 5. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed the 3-week Airborne Course in 1980. 6. He was commissioned as a second lieutenant in the Regular Army on 29 May 1983. 7. On 23 July 1990, he was honorably discharged. 8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * Armed Forces Expeditionary Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Ranger Tab * Pathfinder Badge * Army Superior Unit Award 9. Item 14 (Military Education) of his DD Form 214 does not show completion of the Airborne Course. 10. Headquarters, U.S. Army South, Permanent Orders 99-4, dated 10 September 1990, awarded him the Meritorious Service Medal for meritorious service from 17 January 1988 to 4 June 1990. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions for item 14 stated to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. DISCUSSION: 1. The applicant's request to correct his DD Form 214 covering the period 29 May 1983 through 23 July1990 to show he completed the Airborne Course in 1980 was carefully considered. His DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his discharge. The governing regulation stated to list training courses successfully completed during the period of service covered by the DD Form 214. The evidence shows he completed the Airborne Course in January 1980, 3 years prior to the date he entered active duty on 29 May 1983. Training courses completed outside of the period covered by the DD Form 214 are not authorized for entry in item 14. 2. Permanent orders show he was awarded the Meritorious Service Medal for meritorious service from 17 January 1988 to 4 June 1990. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004817 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004817 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2