IN THE CASE OF:	

		BOARD DATE:	        10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007098 


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, award of the Drill Sergeant Identification Badge.

2.  The applicant states that his official military personnel file shows he went to Drill Sergeant School.

3.  The applicant provides a letter, dated 10 April 2009, from the National Personnel Records Center, St. Louis, Missouri, and a copy of his DD Form 214 (Report of Transfer or Discharge) in support of his application.

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 was inducted into the Army of the United States on 21 September 1965.  He trained as a light weapons infantryman and was released from active duty on 20 September 1967 and transferred to the U.S. Army Reserve to complete his remaining service obligation.

3.  The applicant's DD Form 214 does not show the Drill Sergeant Identification Badge as an authorized award.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the 8-week Drill Sergeant School at Fort Polk, Louisiana, in 1967.

4.  The available records contain a Certificate of Training which shows the applicant completed Drill Sergeant School at Fort Polk, Louisiana, during the period 5 December 1966 to 28 January 1967.

5.  There are no orders for the Drill Sergeant Identification Badge in the available records.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) is not available.

7.  There is no evidence of record which shows the applicant was assigned as a drill sergeant to a training command.

8.  Paragraph 8-42 of Army Regulation 600-8-22 (Military Awards) states that the Drill Sergeant Identification Badge is authorized for successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.  The commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum.

DISCUSSION AND CONCLUSIONS:

Although the evidence of record shows the applicant completed Drill Sergeant School, there are no orders for the Drill Sergeant Identification Badge.  In addition, there is no evidence of record which shows the applicant was assigned as a drill sergeant to a training command.  Therefore, in accordance with the governing regulation, there is insufficient evidence on which to base award of the Drill Sergeant Identification Badge in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________XXX_______________
                 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)                                         AR20090007098



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ABCMR Record of Proceedings (cont)                                         AR20090007098



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