IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029761 


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 item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Pathfinder Badge.

2.  The applicant states:

* he graduated from the Pathfinder Course at the Infantry School at Fort Benning, GA, in 1961 and was awarded the badge
* he wore the Pathfinder Badge during the balance of his Army career

3.  The applicant provides a DD Form 214.

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.  He entered active duty on 3 June 1955.  He served as an infantry officer and psychological operations officer.  On 30 April 1980, he retired in the rank of colonel after completing over 24 years of active service.

3.  Item 13 of his DD Form 214 does not show the Pathfinder Badge as an authorized award.

4.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed the 5-week Pathfinder Course at the U.S. Army Infantry School in 1961.

5.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

The entry in item 17 of his DA Form 2-1 which shows he completed the 5-week Pathfinder Course at the U.S. Army Infantry School in 1961 is accepted as sufficient evidence on which to amend item 13 of his DD Form 214 by adding the Pathfinder Badge.

BOARD VOTE:

__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 adding the Pathfinder Badge to item 13 of his DD Form 214.



      _______ _  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.

ABCMR Record of Proceedings (cont)                                         AR20100029761



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ABCMR Record of Proceedings (cont)                                         AR20100029761



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