ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  11 June 2019

	DOCKET NUMBER:  AR20170014001


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the Army Commendation Medal (1st Oak Leaf Cluster (OLC)) and Pathfinder Badge.  He also request a personal appearance before the board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter from Veterans Service Commission dated 8 June 2017
* Letters of Commendations
* Certificate of Achievement for Pathfinder Badge dated 27 February 1981
* ARCOM Certificate dated 7 July 1980
* ARCOM – First Oak Leaf Cluster Certificate (1OLC) dated 29 April 1982
* Permanent Orders Number 56-6 dated 16 April 1982
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he has supporting documentation to show award of the Army Commendation Medal (1st OLC) and the Pathfinder Badge, and he is requesting they be added to his DD Form 214.  He was unaware they were not properly reflected until he recently requested a copy of his military records.

3.  The applicant provides:

   a.  A letter from Veterans Service Commission dated 8 June 2017 which outlines his attachments and supporting documentation for the request to correct his military records.

	b.  Two letters of commendation from his commanders for:

* outstanding performance during a training event, dated 2 November 1978
* outstanding performance on the inclement weather physical fitness test, dated 6 February 1979

   c.  A Certificate of Achievement for the Pathfinder Professional Badge, dated 27 February 1981, conducted by the 8th Infantry Division (Mechanized), for his meritorious achievement during his attendance of the platoon confidence course in Bad Toelz, Germany, from 18 January 1981 to 30 January 1981.

	d.  An Army Commendation Medal Certificate, dated 7 July 1980, for his exceptionally meritorious service during the period of 4 May 1978 to 16 May 1980, setting the example in his duties and responsibilities.

	e.  An Army Commendation Medal (1st OLC) Certificate, dated 29 April 1982, for his meritorious service as a squad leader during the period of 15 April 1980 to 26 July 1982.  Permanent Orders Number 56-6 announce the award of the ARCOM (1st OLC).

4.  A review of the applicant’s service record shows:

   a.  He enlisted in the Regular Army on 1 August 1978 and held military occupational specialty (MOS) 12B, Combat Engineer.

   b.  He served in Germany from 15 April 1980 to 26 July 1982.

	c.  He was awarded his first Army Commendation Medal on permanent orders for the period of 23 April 1978 to 12 August 1980.

	d.  Permanent Orders Number 56-6, issued by Headquarters, 8th Infantry Division, on 16 April 1982, awarded him the Army Commendation Medal (1st OLC). 

	e.  He was honorably released from active duty on 31 July 1982.  His DD Form 214 shows he completed 4 years of total active service with 2 years and 14 days of foreign service.  It also shows he was awarded or authorized:

* Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade



4.  By regulation:

	a.  Award of the Pathfinder Badge requires successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School.  Any person previously awarded the Pathfinder award for completion of Pathfinder training is authorized award of the Pathfinder Badge.  The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School.

   b.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that they could reach a fair and equitable decision on the case without a personal appearance from the applicant.

Additionally, the Board determined that partial relief was warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the applicant had received an additional Army Commendation Medal, which was not reflected on his DD Form 214 and recommended that it be added.

However, the Board found insufficient evidence to show that the applicant is entitled to wear the Pathfinder Badge.  The applicant provided a certificate entitled “Pathfinder Professional Badge” typed atop the certificate; however, there is insufficient evidence that shows he completed the U.S. Army Pathfinder Course, which is the proper course for authorizing the wear of the Pathfinder Badge.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Army Commendation Medal (1st Oak Leaf Cluster). 
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 adding the Pathfinder Badge.
	 

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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Award of the Pathfinder Badge requires successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School.  Any person previously awarded the Pathfinder Badge for completion of Pathfinder training is authorized award of the Pathfinder Badge.  The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School.

3.  AR 15-185 (Army Board for Correction of Military Records) (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

   b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.


ABCMR Record of Proceedings (cont)	 AR20170014001


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