RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060008987 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.



Director



Analyst


The following members, a quorum, were present:


Chairperson


Member


Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show that he completed the Jungle Operations Course and was awarded the Jungle Expert Badge, and that he completed a Small Arms Maintenance Course.  He also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served 2 months of foreign service at Fort Gulick, Panama, and that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

2.  The applicant essentially states that these entries are not shown on his 
DD Form 214.

3.  The applicant provides his DD Form 214, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), a Certificate of Training showing that he completed a Small Arms Maintenance Course, and a certificate showing that he completed the Jungle Operations Course at the United States Army School of the Americas in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
29 September 1967, the date of his release from active duty.  The application submitted in this case is dated 12 June 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he enlisted in the Regular Army on 
30 September 1964.  After completing basic and advanced individual training, he was assigned to Fort Hood, Texas.  While assigned to Fort Hood, Texas, he was sent on temporary duty (TDY) to Fort Gulick, Panama for 2 weeks to attend the Jungle Operations Course.  He returned to Fort Hood, Texas after successfully 
completing this course, then went to Fort McClellan, Alabama to attend another course.  He returned to Fort Hood, Texas where he served until he was honorably released from active duty on 29 September 1967.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  

4.  Item 25 (Education and Training Completed) of the applicant’s DD Form 214 does not show that he completed the Jungle Operations Course.  The applicant completed the Jungle Operations Course at the United States Army School of the Americas on 29 July 1969.  His TDY orders for Panama show that he performed TDY in Panama for 2 weeks.  There is no evidence available to indicate that he served in Panama longer than this 2 week period.  

5.  The applicant requested, that the Jungle Operations Course and the Jungle Expert Badge be added to his DD Form 214.  He completed the Jungle Operations Course and was eligible to receive and wear the Jungle Expert Badge, however, there is no provision for adding this badge to his DD Form 214.
Training courses for combat skills are also not listed on the DD Form 214.  

6.  The applicant provided a Certificate of Training which shows that he completed a Small Arms Maintenance Course on 28 August 1965.  However, this certificate does not state the duration of this course.

7.  The applicant also requested that his DD Form 214 be corrected to show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Although the available evidence shows the applicant familiarized himself with a .45 caliber pistol on or about 10 August 1965, he did not meet the marksmanship requirements for award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

8.  Recondo, Raider, and Jungle Warfare Training Courses are conducted by brigade and division-level units throughout the Army as local training courses in combat skills.  The badges awarded upon satisfactory completion of these courses are awarded in accordance with local policies, which govern these training courses.  The Department of the Army awards regulation does not govern these badges, and as a result, they are not annotated on the DD Form 214, in accordance with AR 635-5 (Separation Documents).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning combat and special skill badges.  It stated that combat and special skill badges are awarded to denote proficiency in 

performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training.  Major commanders were authorized to approve for local adoption and temporary wear special skill subdued cloth badges and, when authorized, cloth badges were worn on the field and work uniforms only and not authorized for wear on the service uniform nor could they interfere with the insignia or other items approved by Headquarters, Department of the Army.  The Jungle Expert Badge was not listed as an authorized award. 

10.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  It states, in pertinent part, that Item 14 (Military Education) will list formal in service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that military records should be corrected to show that he completed the Jungle Operations Course and was awarded the Jungle Expert Badge, and that he completed a Small Arms Maintenance Course.  He also contends that his DD Form 214 should be corrected to show that he served 
2 months of foreign service at Fort Gulick, Panama, and that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

2.  Although the applicant successfully completed the Jungle Operations Course at the United States Army School of the Americas and he was eligible to receive and wear the Jungle Expert Badge, there are no provisions for adding the course or the badge to his DD Form 214.  Therefore, there is no basis for granting relief for this portion of the applicant’s request.

3.  The applicant completed a Small Arms Maintenance Course, the certificate provided by the applicant does not state the duration of this course and the duration of this course could not be determined.  Therefore, the evidence is insufficient to support adding the course to his DD Form 214.

4.  Although the applicant requested that his DD Form 214 be corrected to show that he served 2 months in Panama, his TDY orders show that he was in Panama for 2 weeks.  Therefore, he is only entitled to correction of his military records to show that he served 0 years, 0 months, and 14 days of foreign and/or sea service.

6.  Although the applicant requested that his DD Form 214 be corrected to show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, evidence of record only shows that he familiarized himself with this weapon.  Therefore, there is no basis for granting relief for this portion of the applicant’s request.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
28 September 1970.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MT   __  ___JH___  __DL ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the he served 0 years, 0 months, and 14 days of foreign and/or sea service.

2.  The Board further determined that 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:

a.  showing that he completed the Jungle Operations Course and that he was awarded the Jungle Expert Badge;

b.  showing that he completed a Small Arms Maintenance Course; 

c.  showing that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and

c.  showing that he served 2 months in Panama.




______Marla Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060008987
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0000.0000
2.
107.0000.0000 (Jungle Expert Badge)
3.
118.0000.0000 (2)
4.
107.0109.0000
5.
120.0000.0000
6.