IN THE CASE OF: BOARD DATE: 12 July 2016 DOCKET NUMBER: AR20150012539 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 July 2016 DOCKET NUMBER: AR20150012539 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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: 12 July 2016 DOCKET NUMBER: AR20150012539 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: * second award of the Army Achievement Medal * U.S. Army Jungle Operations Training Center (JOTC) Jungle Expert Badge * Navy/Marine Corps Parachutist Badge (i.e., Insignia) * completion of the Nuclear, Biological, and Chemical (NBC) Defense Course 2. The applicant states he received the award(s) but they do not show on his DD Form 214. He wants to make sure his record is accurate. 3. The applicant does not provide any additional evidence. 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 2 August 1985 and held military occupational specialty 11B (Infantryman). He also completed the Basic Airborne Course. 3. He was assigned to Headquarters and Headquarters Company (HHC), 82nd Aviation Battalion, and then to the 1st Battalion, 504th Infantry Regiment, both with the 82nd Airborne Division, Fort Bragg, NC. 4. Permanent Orders (PO) Number 31042, issued by Headquarters, 82nd Airborne Division on 24 February 1987 awarded him the Army Achievement Medal for service from December 1985 to January 1987. 5. He was honorably released from active duty on 1 August 1987. His DD Form 214 shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Parachutist Badge, Rifle M-16 Expert Badge, Hand Grenade Expert Badge, Army Service Ribbon, Army Achievement Medal, Army Lapel Button, RECONDO Badge, and Pathfinder Badge * Item 14 (Military Education), None 6. His records do not contain orders awarding him a second award of the Army Achievement Medal. Additionally, Section 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) reflects only one award. 7. His records do not contain a certificate confirming completion of NBC school and Section 17 (Civilian Education and Military Schools) of his DA Form 2-1 does not list such training. 8. His records do not contain a certificate or any indication that he was awarded the JOTC Jungle Expert Badge. Likewise, his records do not contain an indication that he was awarded the Navy/Marine Corps Parachutist Badge. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated item 13 of the DD Form 214 showed all awards and decorations and item 14 showed training courses (qualification courses) successfully completed by the Soldier during the period covered by the DD Form 214. 2. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. The Jungle Expert Patch was often worn by graduates of the JOTC until the school became inactive in 1999. The patch may have been authorized for wear by Soldiers assigned to U.S. Army South who graduate from JOTC but the patch was never recognized Army wide; much like the quasi-official status the Cavalry Stetson enjoys today. 4. MILPERSMAN 1220-030 (Parachutist Designation and Duty) provides for various references that govern the authorization and approval of the Navy and Marine Corps Parachute Insignia. It is awarded by the Commandant of the Marine Corps or the Commander, Naval Personnel Command. DISCUSSION: 1. There are no orders in the applicant’s records and he provides none to show he was recommended for or awarded a second award of the Army Achievement Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Award of the Naval/Marine Corp Parachutist Designation (Badge) is not within the purview of the Secretary of the Army. It is awarded by the Commandant of the Marine Corps or the Commander, Naval Personnel Command. The applicant did not provide the evidence to show he was awarded such badge. 3. There is no indication (such as a diploma, a memorandum, a certificate of training, an entry on a record, or academic evaluation report) in his records that confirms he attended NBC School. 4. The Jungle Expert Patch is not authorized Army wide. As such, even if awarded, its entry on the DD Form 214 is not authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012539 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012539 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2