IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150013886 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: 3 November 2016 DOCKET NUMBER: AR20150013886 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 5 July 1994, by: a. adding to item 14 (Military Education) the entry "Rappel Master Course, 1 week, 1992"; and b. adding to item 18 (Remarks) the entry "SERVICE IN SOMALIA FROM 19931006 - 19931024." 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 correcting his DD Form 214 to show the Belgian Parachutist 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. IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150013886 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 his completion of the Rappel Master Course, his combat service in Somalia, and his authorization to receive the Belgian Parachutist Badge. 2. The applicant states there is no combat time listed on his DD Form 214. He was with Alpha Company, 3rd Battalion, 75th Ranger Regiment, and was deployed to Somalia in 1993. He received a combat patch at Fort Benning and orders for the patch (i.e., shoulder sleeve insignia – former wartime service). His records should clearly show he was deployed with Alpha Company to Somalia. He did not receive the Combat Infantry Badge because they were not in country more than 30 days. Additionally, he attended and graduated from the Rappel Master Course in July 1992 and he received Belgian jump wings in March 1994; these items are not reflected on his DD Form 214. 3. The applicant provides: * 6th Infantry Division Form 835 (6th Infantry Division (Light) Certificate of Training), Rappel Master Course, covering the period 16-20 July 1992 * a memorandum from the applicant to the Commander, 3rd Battalion, 75th Ranger Regiment, Fort Benning, Georgia, dated 9 April 1994 * DA Form 4980-18 (Army Achievement Medal (AAM) Certificate), dated 2 June 1994 * DD Form 256A (Honorable Discharge Certificate), dated 16 December 1997 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 6 March 1990. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 11B (Infantryman). 3. The applicant's record shows he completed the Rappel Master Course, conducted under the auspices of the 6th Infantry Division (Light) Air Assault School during the period 16-20 July 1992. 4. Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Somalia from on or about 6 October through on or about 24 October 1993. It further shows he received imminent danger pay for Somalia. 5. The applicant was honorably released from active duty on 5 July 1994. His DD Form 214 for the period ending 5 July 1994 shows in: a. Item 12f (Record of Service – Foreign Service), the entry "02-10-04," meaning he was credited with 2 years, 10 months, and 4 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), numerous awards and decorations – the Belgian Parachutist Badge is not listed. c. Item 14 (Military Education), he completed: * Combat Leadership Course, 2 weeks, 1991 * Primary Leadership Development Course, 4 weeks, 1992 * Air Assault Course, 2 weeks, 1992 * Combat Lifesavers Course, 1 week, 1993 * Basic Airborne Course, 3 weeks, 1993 d. Item 18 (Remarks) no entry related to deployed service. 6. The applicant provides a self-authored letter he sent to the Commander, 75th Ranger Regiment, Fort Benning, GA, dated 9 April 1994, wherein he requests authorization to accept and wear the Belgian Parachutist Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. It states that for: a. Item 14, the preparer should enter formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed. b. Item 18, for a Soldier deployed with his or her unit during their continuous period of active service, the preparer should enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his completion of the Rappel Master Course, his combat service in Somalia, and his authorization to receive the Belgian Parachutist Badge. 2. The applicant completed the Rappel Master Course in 1992; however, this course completion was omitted from his DD Form 214. 3. The applicant served in Somalia from 6 October to 24 October 1993. This period of deployed service is not listed on his DD Form 214 in the remarks section. 4. Although the applicant provides a memorandum that shows he requested authorization to wear the Belgian Parachutist Badge, his record is void of an approval letter. In the absence of an approval letter that shows he was authorized to accept and wear the badge by the appropriate approval authority, there is insufficient evidence upon which to base award of the Belgian Parachutist Badge. His record is also void of authorization to record the award in his official military personnel records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013886 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013886 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2