IN THE CASE OF:	   

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140011858 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Special Operations Diving Supervisor Badge.

2.  The applicant states the orders awarding the badge were received in June 2014.

3.  The applicant provides his DD Form 214 and orders.

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.  The applicant was commissioned as an officer in the Regular Army on 4 June 1975.

3.  The applicant's DD Form 214 shows he retired on 31 July 1994 due to voluntary early retirement after completing 19 years, 1 month, and 27 days of total active military service.  His DD Form 214 shows in:

   a.  item 11 (Primary Specialty) his specialty was 18A (Special Forces Officer); and 
   
   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (2d Award), Army (Retired) Lapel Button, Army Service Ribbon, Defense Meritorious Service Medal, Joint Service Commendation Medal, Legion of Merit, Meritorious Service Medal, National Defense Service Medal with one bronze service star, Overseas Service Ribbon with Numeral 3, Expert Infantryman Badge, Master Parachutist Badge, Ranger Tab, Scuba Diver Badge, and Special Forces Tab. 

   c.  item 18 (Education and Training Completed) he competed the Special Forces Combat Diver Supervisor Course, 2 weeks, June 1980.

4.  The applicant submitted Permanent Orders Number 121-02, dated 1 May 2014, which show he was awarded the Special Operations Diving Supervisor Badge, retroactive to 1 June 1980, due to graduating from the Special Forces Diver Qualification Course and the Naval Special Warfare Diving Supervisor Course in June 1980. 

DISCUSSION AND CONCLUSIONS:

Permanent orders show the applicant was awarded the Special Operations Diving Supervisor Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show award of this 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 to his DD Form 214 the Special Operations Diving Supervisor Badge.



      _____________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)                                         AR20140011858



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ABCMR Record of Proceedings (cont)                                         AR20140011858



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