BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180011821 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 December 1997 to show award of the Sapper Tab. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 August 2018 * FLW (Fort Leonard Wood) Form 1088 (Sapper Certificate of Graduation), dated 12 September 1995 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report), dated 8 February 1996 * memorandum, C Company, 1st Battalion, 48th Infantry Regiment, U.S. Army Maneuver Support Center, Fort Leonard Wood, dated 10 May 2005, subject: Request for Retroactive Award for the Sapper Tab * excerpt of pages 1-2, Headquarters, Department of the Army Letter 670-04-1, dated 27 September 2004, subject: Establishment, Criteria, and Wear of the Sapper Tab FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. He completed the Sapper Leader Course requirements; he participated in the graduation ceremony; and he received a certificate of graduation from the course which was signed by the company and battalion commanders. b. He was recognized by his immediate supervisor on his noncommissioned officer evaluation for graduating from the course. The evaluation was approved by his chain of command. c. His supervisor and senior rater attended the course with him and were present during the graduation. d. He did not discover the error until he inquired with the Sapper Leader Engineer School for orders confirming he was authorized wear of the Sapper Tab. He was informed that he failed patrols which he states was incorrect. 3. On 22 October 1991, the applicant enlisted in the Regular Army. 4. He provided copies of his: a. FLW Form 1088, dated 12 September 1995, that shows he successfully completed the Sapper Course of instruction at Sapper Training Detachment, Fort Leonard Wood, MO, during the period 14 August 1995 through 12 September 1995. b. DA Form 2166-7, dated 8 February 1996, for the period July 1995 through January 1996, which shows he graduated Sapper Leader Course Class 9-95. 5. On 16 December 1997, he was honorably released from active duty. His DD Form 214 for the period ending 16 December 1997 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Army Lapel Button * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Humanitarian Service Medal * Non-commissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar, Automatic Rifle Bar, and Grenade Bar * Air Assault Badge * Driver and Mechanic Badge with Driver-W Bar 6. He provided a memorandum from C Company, 1st Battalion, 48th Infantry Regiment, U.S. Army Maneuver Support Center, dated 10 May 2005, subject: Request for Retroactive Award of the Saber Tab, which shows his commander requested retroactive award of the Sapper Tab for him based on the established criteria. His commander also stated the applicant was in good standing with the unit, was an asset to the command, and he displayed the leadership qualities expected from a Soldier completing the Sapper Leadership Course. 7. His records are void of orders awarding him the Sapper Tab. 8. He provided copies of pages 1 and 2 of Headquarters, Department of the Army Letter 670-04-1, dated 27 September 2004, which states, in part, the Sapper Tab may be awarded retroactively to any person who successfully completed the Sapper Leaders Course on or after 14 June 1985. Retroactive award requests will be submitted to the Commandant, U.S. Army Engineer School, ATTN: Commander, 577th Engineer Battalion, Fort Leonard Wood, MO 65473. Retroactive requests for veterans must be forwarded to the National Personnel Records Center, ATTN: NRPMA-M, 9700 Page Avenue, St. Louis, MO 63132-5100. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the documents showing completion of the Sapper Course of Construction and the Sapper Leader Course, the absence of orders awarding the Sapper Tab and entries on the DD form 214. The Board considered the policy for retroactive award of the tab and the letter from the Commander requesting retroactive award to the applicant. The Board found no evidence of a disqualification precluding the award. Based on a preponderance of evidence, the Board determined that the absence of the Sapper Tab on his DD Form 214 was in error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending the DD form 214 for the period of service ending 16 December 1997 to add to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – “Sapper Tab.” 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, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Sapper Tab was established by the Chief of Staff, Army on 28 June 2004. It is authorized for award to U.S. military and civilian personnel and foreign military personnel who meet the prescribed eligibility criteria. a. The basic eligibility criteria for award of the Sapper Tab are as follows: (1) Successful graduation of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School. (2) Any person who successfully graduates from a Sapper Leaders Course conducted by the U.S. Army Engineer School at Fort Leonard Wood, Missouri. b. The Sapper Tab may be awarded retroactively to any person who successfully completes all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985. Retroactive requests will be submitted to the Commandant, U.S. Army Engineer School, Commander, 577th Engineer Battalion, Fort Leonard Wood, MO 65473. Retroactive requests for veterans and retirees must be forwarded as follows: (1) Personnel released from active duty with Reserve obligation; Reserve Component personnel; Army personnel separated after October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit requests to USAHRC, ZCC–A, 1 Reserve Way, St. Louis, MO 63132–5200. (2) Personnel separated after 1912 and prior to October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit to the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132. c. The Sapper Tab may be revoked by the Commandant, U.S. Army Engineer School or the U.S. Army Human Resources Command based on the recommendation of the field commander (colonel and above) of the individual in question. This can be based, on the opinion of that commander, that the individual has exhibited a pattern of behavior, expertise or duty performance that is inconsistent with expectations of the Army, that is, degree of confidence, commitment, competency and discipline. Award of the Sapper Tab may be revoked for any of the following conditions: (1) Dismissal, dishonorable discharge, or conviction by courts-martial for desertion in time of war. (2) Failure to maintain prescribed standards of personal fitness and readiness to accomplish missions commensurate with position and rank. (3) Upon relief or release for cause. d. Award approval authority for the Sapper Tab is the Commandant of the U.S. Army Engineer School and U.S. Army Human Resource Command. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011821 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1