BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011058 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 BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011058 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 the Expert Infantryman Badge to his DD Form 214. 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 the Jungle Warfare Badge, German Parachutist Badge, two certificates of achievement, or any of the combat skills training shown on the training certificates he provided with his application. _____________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. BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011058 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 all his authorized awards, medals and service ribbons. He also requests, in effect, the addition of training courses to his DD Form 214. 2. The applicant states, in effect, the Expert Infantryman Badge, certificates of achievement or training, German Parachutist Badge, and Jungle Warfare training and badge were omitted from item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) or item 14 (Military Education) of his DD Form 214. 3. The applicant provides – * Permanent Orders 7-3, dated 14 January 1985, with supporting documents for the Expert Infantryman Badge * Certificate of Achievement dated 17 February 1984 * Certificate of Achievement dated 26 November 1984 * German Certificate dated 2 August 1985 * Jungle Operations Training Center Certificate dated 18 December 1985 * Certificate of Training dated 4 February 1986 (3 hours) * Certificate of Training dated 22 October 1986 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. On 16 August 1983 the applicant enlisted in the Regular Army. 3. Permanent Orders 7-3 dated 14 January 1985 issued by Headquarters, 24th Infantry Division (Mechanized), awarded the applicant the Expert Infantryman Badge effective 13 December 1984. 4. On 11 June 1987 the applicant was honorably released from active duty and transferred to a Reserve Component troop program unit. The DD Form 214 he was issued does not show the Expert Infantryman Badge or the Jungle Warfare Badge. Item 14 (Military Education) shows he completed the Indirect Fire Infantryman 13 week course in November 1983. There are no other entries for military education noted on his DD Form 214. 5. The applicant's official military personnel record does not contain an Army document showing an appropriate approval authority authorized him to wear a foreign parachutist badge. 6. The applicant provided the following evidence: a. a 1st Battalion, 75th Infantry Regiment, Certificate of Achievement, dated 17 February 1984, showing he completed the Ranger Indoctrination Program. b. a 1st Battalion, 75th Infantry Regiment, Certificate of Achievement, dated 26 November 1984, showing he provided outstanding service during a skills demonstration. c. an untranslated German certificate, dated 2 August 1985, showing he participated in parachute training with the German Armed Forces. d. a locally produced Jungle Operations Training Center Certificate, dated 18 December 1985, showing he participated in jungle warfare training from 20 November to 20 December 1985, a period of 4 weeks and 3 days at Fort Sherman, Panama. The certificate is signed by a lieutenant colonel commanding officer. e. a DA Form 87 (Certificate of Training), dated 4 February 1986, showing he completed 3 hours of training for an intrusion detection system at Fort Bragg, North Carolina. f. a DA Form 87, dated 22 October 1986, showing he attended a venereal disease instructor course at Camp Casey, Korea. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the purpose of awarding badges and tabs is to provide public recognition of tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as performance of duties. a. Combat and special skill badges are awarded to denote proficiency of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training. b. Badges are announced by orders. c. Effective 30 September 1986, locally established special skill badges are no longer authorized for wear and authority to award local badges was rescinded by Department of the Army. d. Qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned. U.S. Army commanders of major overseas command reporting directly to Headquarters, Department of the Army (HQDA), are delegated authority to approve the acceptance, retention, and permanent wear of such badges. Badges which do not meet the criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient. When an individual has been tendered and receives a foreign decoration or badge, he or she will submit a letter through command channels requesting authority to accept and wear the foreign decoration or badge. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 is a summary of a soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. a. For item 13, it stated to enter all authorized awards as shown on the DA Form 2-1 (Personnel Qualification Record) or by orders. Locally produced unit certificates of achievement are not recorded on the DD Form 214. b. For item 14, it stated to list formal in-service (full-time attendance) training courses successfully completed, during the period of service covered, by title, length in weeks, and month and year completed; e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION: 1. Permanent orders awarded the applicant the Expert Infantryman Badge. It was inadvertently omitted from his DD Form 214. 2. By regulation the German Armed Forces Parachutist Badge is authorized for wear on an Army uniform provided it was recognized by a commander who had direct reporting authority to HQDA. A review of the applicant's record failed to reveal an approval document for this foreign badge. 3. The regulation governing the preparation of the DD Form 214 does not require the entry of combat skills training courses. The purpose of the military education noted on the discharge document is to assist the Soldier with civilian employment. 4. Certificates of achievement are intentionally omitted from the DD Form 214 per regulatory guidance. The Jungle Warfare Badge is not an official badge of the Department of the Army. Only badges listed in Army Regulation 600-8-22 are authorized for inclusion on a DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011058 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2