BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160011059 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: 17 May 2018 DOCKET NUMBER: AR20160011059 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 as follows: a. adding the following awards to item 13 – * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * NCO Professional Development Ribbon (Numeral 2) * Humanitarian Service Medal * Parachutist Badge b. adding the following military education to item 14 – * Basic Airborne, 3 weeks, 1977 * Primary NCO Course Combat Arms, 4 weeks, 1979 * Basic NCO Course Combat Arms 4 weeks, 1979 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 any relief in excess of that described above. _______________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: 17 May 2018 DOCKET NUMBER: AR20160011059 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 his awards, decorations, badges and military education be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states his DD Form 214 does not show all his authorized awards including the Humanitarian Service Medal and Army Commendation Medal with oak leaf cluster. His military education was omitted including Noncommissioned (NCO) Leadership Combat Arms Courses, the Jungle Warfare Course, and the Airborne Course. He earned the awards and completed the military education and feels this information should be reflected on his DD Form 214. 3. The applicant provides – * two pages of his DA Form 2-1 (Personnel Qualification Record) * U.S. Army Infantry School Certificate – Airborne Course dated 8 December 1977 * Fort Bragg, North Carolina NCO Academy Certificate – Primary NCO Course for Combat Arms dated 18 May 1979 * DA Form 2496 (Disposition Form) – Authorization for the Humanitarian Service Medal dated 23 August 1980 * Army Commendation Medal Certificate dated 20 July 1982 * Permanent Orders (PO) 144-2 dated 20 July 1982 * Army Commendation Medal with oak leaf cluster certificate dated 16 February 1984 * PO 32-82 dated 16 February 1984 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 27 July 1977 the applicant enlisted in the Regular Army. 3. The applicant's DA Form 2-1 contains the following pertinent information: a. item 9 (Awards, Decorations and Campaigns) – * Parachutist Badge * Humanitarian Service Medal * Army Achievement Medal * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * NCO Professional Development Ribbon (2nd Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M16) b. item 17 (Civilian Education and Military Schools) – shown by location or school, number of weeks of schooling, and year completed schooling: * U.S. Army Infantry School for military occupational specialty (MOS) 11B (Infantryman), 1977 * Basic Airborne, 3 weeks, 1977 * Dragon Weapons Systems [M47 Dragon Medium Anti-tank Weapons System], 1 week, 1978 * Dragon Gunner, 1 week, 1978 * Primary Leadership Development Course, 4 weeks, 1979 * Jungle Warfare School at Fort Sherman, Panama Canal Zone, 3 weeks, 1979 * Primary NCO Course Combat Arms, 4 weeks, 1979 * Basic NCO Course Combat Arms, 4 weeks, 1979 4. The applicant's military personnel record contains the following orders issued by Headquarters, XVIII Airborne Corps and Fort Bragg: * PO 156-7, dated 21 August 1980, awarding him the Army Good Conduct Medal for his period of service from 27 July 1977 to 26 July 1980 * PO 184-3, dated 24 November 1981, awarding him the Army Achievement Medal * PO 114-2, dated 20 July 1982, awarding him the Army Commendation Medal * PO 125-40, dated 3 August 1983, awarding him the Army Good Conduct Medal (2nd Award) for his period of service from 27 July 1980 through 26 July 1983 * PO 32-28, dated 16 February 1984, awarding him the Army Commendation Medal (First Oak Leaf Cluster) 5. Two DA Forms 1059 (Service School Academic Evaluation Report) filed in his record confirms he graduated from the Primary NCO Course Combat Arms on 20 June 1979 and the Basic NCO Course Combat Arms on 17 December 1979. 6. On 26 January 1987 the applicant was honorably discharged from the Regular Army upon his expiration of term of service. He was issued a DD Form 214 showing the following pertinent information: a. Item 4a (Grade, Rate or Rank) staff sergeant; 4b (Pay Grade) E-6 b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Service Ribbon * Army Lapel Button c. item 14 (Military Education) – "None" 7. The applicant provided – * PO 114-2, dated 20 July 1982, awarding him the Army Commendation Medal * PO 32-28, dated 16 February 1984, awarding him the Army Commendation Medal (2nd Award) * DA Form 2496 (Disposition Form) showing his battalion adjutant verified he was authorized to wear the Humanitarian Service Medal for support to the Cuban Refugee Resettlement Task Force * Airborne Course Certificate dated 8 December 1977 * Jungle Warfare School, 3 weeks, 1979 REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), effective 1 September 1982, stated major commanders are authorized to approve for local adoption and temporary wear special skill subdued cloth badges and patches which reflect the attainment of a high degree of skill proficiency, excellence, and which, in the commander's judgment, will have beneficial impact on Soldier morale, unit training and esprit de corps. Such badges will not reflect mission; duplicate existing badges, distinctive unit or shoulder sleeve insignia; or detract in any way from the design, meaningfulness or prestige of existing badges or other heraldic items. When authorized, cloth badges will be worn on the field and work uniforms only and will not be authorized for wear on the service or dress uniforms. Effective 30 September 1986, locally established special skill badges were no longer authorized for wear. Authority for major commanders to approve local badges was rescinded. 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Acceptable evidence of graduation is a diploma or certificate or a DA Form 1059. The NCO will be awarded and wear the NCO Professional Development Ribbon with the numeral that denotes the highest completed level of NCO development * 1 = Primary Course * 2 = Basic Course * 3 = Advanced Course * 4 = Firsts Sergeants Course * 5 = U.S. Army Sergeants Major Academy 3. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. Table C-1 of Army Regulation 600-8-22 shows the Cuban Refugee Resettlement (27 April 1980 to 1 July 1985) was approved by the Department of Defense as qualifying service for award of the Humanitarian Service Medal. b. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the U.S. Army Infantry School or have participated in at least one combat parachute jump. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214 which is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contained guidance on the preparation of the DD Form 214. The sources documents used to prepare the DD Form 214 include the DA Form 2 and 2-1, DA Form 201 (Military Personnel Records Jacket (MPRJ) and any other available records. a. For item 13, list all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Abbreviations would not be used. b. For item 14, list in-service training courses by title, number of weeks and year successfully completed during the period of service covered by the DD Form 214; e.g. medical, dental, electronics, supply, administrative, personnel or heavy equipment operations. 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. Orders awarded the applicant the Army Achievement Medal, Army Commendation Medal (2nd Award) and the Army Good Conduct Medal (2nd Award) which were omitted from his DD Form 214. 2. The applicant successfully completed the primary and basic NCO courses as shown by his DA Forms 1059. It appears award of the NCO Professional Development Ribbon with Numeral 2 and the verification he completed these military education courses was omitted from his DD Form 214. 3. The applicant provided a DA Form 2496 signed by his battalion adjutant showing he is authorized to wear the Humanitarian Service Medal. In addition the awards regulation shows the Humanitarian Service Medal is authorized for the Cuban Refugee Resettlement. 4. He provided a certificate of completion from the U.S. Army Infantry School showing he completed the Airborne Course. His DA Form 2-1 shows he received the Parachutist Badge. However, both were omitted from his DD Form 214. 5. Concerning adding additional military schooling, the applicant's DA Form 2-1 shows he completed training on the Dragon Weapons System, Infantryman course, and jungle warfare course. At the time combat skill courses and weapons system courses were not entered on the DD Form 214. The purpose of entering military education on the DD Form 214 was to assist the separating Soldier with job placement after discharge. As such, combat skills training was omitted from the DD Form 214 per regulatory guidance. 6. Regulatory guidance states to list all authorized awards and decorations for all periods of service on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011059 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011059 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2