IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016567 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016567 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 5 of his 29 October 2003 DD Form 214 the current entry and replacing it with his date of birth that is shown on his 24 January 1997 DD Form 4; and b. adding the following awards to item 13 of his DD Form 214: * Expert Infantryman Badge * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * German Armed Forces Efficiency Badge in Bronze ___________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: 21 March 2017 DOCKET NUMBER: AR20150016567 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of birth (DOB) and all of his authorized awards. 2. The applicant states that his DOB is XX not XX . He also states that he was awarded the Expert Infantryman Badge and the German Armed Forces Efficiency Badge in Bronze; however, the badges are not recorded on his 29 October 2003 DD Form 214. 3. The applicant provides copies of certificates for his Expert Infantryman Badge and German Armed Forces Efficiency Badge in Bronze. 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. A DD Form 214 shows the applicant entered active duty for training (ADT) as a member of the Army National Guard (ARNG) on 25 July 1996, was released from ADT on 7 November 1996, and transferred to the Florida ARNG. It also shows he completed training and was awarded military occupational specialty (MOS) 11B1O (Infantryman). It further shows in item 5 (DOB) the entry "197806XX" (i.e., XX ). 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 24 January 1997. Item 6 (DOB) shows the entry "7806XX" (i.e., XX ). 4. He reenlisted in the RA on 28 June 2000 and on 8 May 2002. Both of the DD Forms 4 he was issued show his DOB as "XX ." 5. A review of his DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns): * Army Service Ribbon * Army Commendation Medal * Oversea Service Ribbon * Parachutist Badge * Noncommissioned Officer Professional Development Ribbon * Basic Recruiter Badge * Army Good Conduct Medal (2nd Award) * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Expert Marksmanship Qualification Badge with Hand Grenade Bar 6. An Enlisted Record Brief (ERB), dated 13 May 2003, shows in Section J (Personal/Family Data) his DOB was recorded as "197706XX." 7. The applicant's DD Form 214 shows he entered active duty this period on 24 January 1997 and he was discharged on 29 October 2003. It also shows in: * item 5 (DOB): "197706XX" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Parachutist Badge * Air Assault Badge * U.S. Army Basic Recruiter Badge 8. In support of his application, the applicant provides the following documents: a. 82d Airborne Division Certificate of Achievement that shows the applicant successfully completed the Expert Infantryman Badge Test given at Fort Bragg, NC, on 18 September 2000. The certificate was signed by the Regimental Command Sergeant Major and the Regimental Commander. b. A German Armed Forces Certificate that shows the applicant was awarded the German Armed Forces Efficiency Badge in Bronze in recognition of having met the requirements set forth by the German Armed Forces. The certificate was signed by Lieutenant M____, German Army Liaison Staff. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty. b. Foreign badges (qualification and special skill) 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 that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Appendix D (Foreign Badges), Table D-1, lists foreign badges authorized for acceptance and wear on the Army uniform. For the country of Germany it shows, in pertinent part, the German Armed Forces Efficiency Badge in Bronze. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also contains item-by-item instructions for completing the DD Form 214. It shows for: * item 5, from the ERB enter the eight-digit number (year, month, and day) without spaces or slashes * item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 DISCUSSION: 1. The evidence of record shows the applicant's correct DOB was recorded in his military service records when he initially enlisted in the U.S. Army. However, at some point during the period of service under review, an incorrect DOB was recorded in his military records (ERB) and on his 29 October 2003 DD Form 214 when he was discharged. 2. The evidence of record shows the applicant qualified for award of the – * Expert Infantryman Badge * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * German Armed Forces Efficiency Badge in Bronze //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2