IN THE CASE OF: BOARD DATE: 4 May 2023 DOCKET NUMBER: AR20220008643 APPLICANT REQUESTS: in effect, correction of his DD Form 214, Report of Separation from Active Duty, to show - * he was assigned to the 7th Special Forces * he held Military Occupational Specialty (MOS) 11B4S, infantryman, with Special Forces Special Qualifications Identifier (SQI) * he held MOS 18B, Special Forces Weapons Sergeant during the Vietnam Era * Combat Infantryman Badge * National Defense Service Medal * Afghanistan Campaign Medal, for the period 2009-2010 * Global War on Terrorism Expeditionary Medal, for the period 2009-210 * Commander's Award, Operation Enduring Freedom * Freefall Parachutist (Halo) Jumpmaster Parachutist Badge * Scuba Badge (Currently the Special Operations Diver Badge) * Jungle Operations Training Certificate * Presidential Unit Citation with Oak Leaf Cluster, Company B, 1st Battalion, 7th Special Forces Group * Afghanistan foreign service, March 2009 to October 2012, U.S. Marine Corps * Iraq foreign service, January 2021-December 2021, Central Intelligence Agency (CIA) * Veterans of Foreign Wars affiliation * Disabled Veteran affiliation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Jungle Warfare Training Course Certificate, April 1976 * Partial Noncommissioned Officer Evaluation FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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's DD Form 214 currently lists some of the information that he is requesting be added. The award, badges and unit of assignment listed below will not be further discussed in this Record of Proceedings. * National Defense Service Medal * Freefall Parachutist (Halo) Jumpmaster Parachutist Badge (shown as Military Freefall) * Scuba Diver Badge * Company B, 1st Battalion, 7th Special Forces Group 3. The applicant states, in effect, his DD Form 214 is missing his unit of assignment, MOS, numerous awards, qualification badges, and the completion of military education. a. He asserts that he was assigned to the 7th Special Forces Group in the RVN and he held MOS (11B4S/18B) between 1974 and 1977; his MOS and unit are incorrectly listed on the DD Form 214. b. He contends in 1975 he served in the Philippines during Operation SPECWAREX. He performed the duties of an Advisor to Philippine Commandos and Jungle Operations. His duties during this joint multinational two-and-a-half-week exercise are sufficient to award the Combat Infantryman Badge. c. He completed Freefall (Halo) Jumpmaster Course, Scuba Diver Course, and Jungle Operations Training Course. This training should be listed on his DD Form 214. d. The foreign service he completed in Afghanistan and Iraq while serving with the U.S. Marine Corps, Department of Defense, and CIA, is not listed on his DD Form 214. e. He requests his record be reviewed for all missing awards and decorations. 4. The applicant enlisted in the Regular Army on 29 July 1974 for Special Forces MOS 11B, light weapon infantry. 5. His DA Form 2-1, Personnel Qualification Record, shows – * he was awarded primary MOS 11B2S on 27 November 1974 * he was awarded the National Defense Service Medal, Parachutist Badge, Scuba Diver Badge, and the Sharpshooter Marksmanship Qualification Badge * he was assigned to Company B, 1st Battalion, 7th Special Forces Group (Airborne), North Carolina as an infantryman from 23 May 1975 to 27 July 1977 6. Item 17, Civilian Education and Military Schools, of his DA Form 2-1 shows the applicant completed: * Special Forces Qualification Course, 16 weeks, 1975 * Basic Airborne Course, 3 weeks, 1974 * Special Forces, Military Free Fall-Parachute Jump Master Course (Phase I), 4 weeks, 1976 * Jungle Operations Course, 1976 7. The applicant was released from active duty on 28 July 1977. He completed 3 years of total active service. This form does not show the completion of foreign service. His DD Form 214 further shows in: * Item 6a, Grade, Rate or Rank – SGT * Item 6b, Pay Grade -E5 * Item 16a, Primary Specialty Number and Title – 11B2S, Infantryman, 27 November 1974 * Item 26, Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or authorized: * National Defense Service Medal * Parachutist Badge * Scuba Diver Badge * Military Freefall Badge * Item 27, Remarks – Infantryman Course 8. The applicant's record does not contain, and the applicant did not provide, evidence of: * award of MOS 18B * award of the Combat Infantryman Badge * service in the U.S. Army after 28 July 1977 * any foreign service in Afghanistan or Iraq * a Commander's Award for any contingency operation * award of the Presidential Unit Citation with Oak Leaf Cluster to his unit during his period of assignment 9. The applicant provides a copy of his Jungle Warfare Certificate, April 1976. He also provided a partial performance evaluation which shows the applicant was selected to be the Light Weapons Leader for a joint exercise, SPECWAREX in the Philippine Islands. 10. Regulatory guidance, in effect at the time, stated – a. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. This badge is not authorized for participation in military training exercise. b. To list on the DD Form 214 in-service training courses successfully completed during this period of service; e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations. This information was to assist in employment placement and job counseling; therefore, training courses for combat skills were not listed. 11. There is no regulatory provision to list Commander's awards or affiliations with Veteran's organizations on the DD Form 214. 12. The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record. It is not an investigative body. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the applicant’s unit of assignment and MOS are properly recorded on his DD Form 214. The Board further found no evidence of additional training other than training for combat skills that was omitted from his DD Form 214. 3. The Board found the applicant’s DD Form 214 accurately captures the awards he was authorized, noting that the applicant would not have become eligible for the Combat Infantryman Badge by virtue of participation in a joint exercise. The Board found no evidence indicating the applicant was assigned to a unit during a period for which the unit received a unit award. The Board determined the applicant is not authorized additional awards. 4. The DD Form 214 is only used to document active duty military service. Any service the applicant may have completed overseas as a civilian would not be a basis for updating the DD Form 214. 5. Based on a preponderance of the evidence, the Board determined the DD Form 214 for the period ending 28 July 1977 is correct as currently constituted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, 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 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 (AR) 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. This badge is not authorized for participation in military training exercises. 3. AR 635-5, Personnel Separations-Separation Documents, in effect at the time, stated to list in-service training courses successfully completed during this period of service in Item 27 (Remarks); e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations. This information was to assist in employment placement and job counseling; therefore, training courses for combat skills would not be listed. 4. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists the awards received by units serving in Vietnam. This pamphlet shows the 3rd Battalion, 7th Special Forces Group (Airborne), was cited for award of the Army Superior Unit Award for the period 1 March 1985 to 1 September 1986, by Department of the Army Orders Number 30, 1987. The applicant was not assigned to the unit during this period. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008643 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1