IN THE CASE OF: BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20150013609 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 IN THE CASE OF: BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20150013609 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 to item 14 of his DD Form 214: "Military Free Fall Parachutist Course 5 weeks 1989." 2. The Board further determined that the evidence presented was 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 the Combat Infantryman Badge or an additional Meritorious Service Medal. ___________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. IN THE CASE OF: BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20150013609 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 of Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge and three Meritorious Service Medals and to show completion of the Military Free Fall Training Course. 2. The applicant states: a. His DD Form 214 does not show he completed the Military Free Fall Training Course. b. He is authorized award of the Combat Infantryman Badge because of his service in El Salvador. c. He was awarded a total of three Meritorious Service Medals: one for duty as a staff sergeant (SSG) with Company E, 505th Infantry, 82nd Airborne Division; a second award for duty with Company C, 3rd Battalion, 7th Special Forces; and a third for duty as an advisor in El Salvador. 3. The applicant provides: * Meritorious Service Medal Certificates, dated 18 July 1988 and 29 December 1991 * Military Free Fall Parachutist Course Diploma, dated 7 April 1989 * Orders showing he was assigned to El Salvador effective 9 November 1989 * Order showing he was reassigned from El Salvador to Fort Bragg, North Carolina effective 3 April 1992 * 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 is a retired Regular Army Master Sergeant/E-8. He held military occupational specialty (MOS) 18Z (Special Forces Senior Sergeant). 3. The applicant’s record contains: * Diploma from the U.S. Army John F. Kennedy Special Warfare Center School that shows he attended and completed the Military Free Fall Parachutist Course from 1 March to 7 April 1989 * Meritorious Service Medal Certificate, dated 18 July 1988, for meritorious service from 10 September 1984 to 13 September 1988 * Meritorious Service Medal Certificate, dated 29 December 1991, annotated with Permanent Order Number 163-2, for meritorious service from 7 November 1989 to 15 February 1992 4. He retired on 31 August 1994. His DD Form 214 shows he completed a total of 20 years, 4 months, and 4 days of active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded two Meritorious Service Medals. Item 14 (Military Education) does not list completion of the Military Free Fall Parachutist Course. 5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was awarded two Meritorious Service Medals and had completed the Military Free Fall Parachutist Course. 6. The applicant provides: a. copies of the Meritorious Service Medal Certificates that are contained in his record. b. Diploma showing he completed the Military Free Fall Parachutist Course conducted from 1 March to 7 April 1989 at the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC. c. Orders showing he was reassigned to El Salvador effective 6 November 1989 and reassigned to Fort Bragg, North Carolina, effective 3 April 1992. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Combat Infantryman Badge is awarded to infantry or special forces officers and to enlisted and warrant officer persons who have an infantry or special forces MOS for service in El Salvador during the period 1 January 1981 to 1 February 1991. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service. It provides a brief, clear cut record of active service at the time of release from active duty, retirement, or discharge. For item 14, list in-service training courses; title, number of weeks, and year successfully completed during the period of service covered by the DD Form 214. DISCUSSION: 1. The available evidence shows he completed the 5-week Military Free Fall Parachutist Course in April 1989. 2. He contends he was awarded three Meritorious Service Medals; however, his record shows he was awarded two. 3. The available evidence shows he served in El Salvador; however, there is no evidence that he served in active ground combat, which is a requirement to qualify for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013609 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013609 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2