RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2007
DOCKET NUMBER: AR20060011984
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.
x
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, award of the Pathfinder Badge.
2. The applicant states, in effect, that while serving on active duty, he completed the Pathfinder course and was a qualified Pathfinder. He states that he believes he is entitled to the Pathfinder Badge and is now requesting that this award be added to his Separation Document (DD Form 214).
3. The applicant provides his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice that occurred on 31 January 1995. The application submitted in this case is dated
9 August 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 applicants failure to timely file.
3. The applicants record shows that he enlisted in the Regular Army and entered active duty on 3 October 1967. He was trained in, was awarded, and served in military occupational specialty (MOS) 11B (Infantryman) and MOS
03C (Physical Activities Specialist).
4. The applicants Personnel Qualification Record (DA Form 2-1) shows he attained the rank of sergeant first class (SFC/E-7) on 1 October 1981, and that this is the highest rank he held while serving on active duty.
5. Item 9 (Medals, Decorations, and Citations) of the applicants DA Form 2-1 shows that during his active duty tenure, he earned the National Defense Service Medal, Republic of Vietnam (RVN) Campaign Medal, Vietnam Service Medal (VSM), Air Medal (AM), Parachutist Badge, Combat Infantryman Badge (CIB), Ranger Tab, RVN Gallantry Cross with Palm Unit Citation, Purple Heart (PH) with 1st Oak Leaf Cluster, Army Good Conduct Medal (AGCM) 5th Award, Army Commendation Medal (ARCOM), Bronze Star Medal (BSM) with 1st Oak Leaf Cluster, Army Achievement Medal (AAM), 2 Overseas Bars, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar.
6. Item 17 (Civilian Education and Military Schools) of the applicant's
DA Form 2-1 shows he attended and completed a Trainer Development Program (TRADEP) course at the United States Army Infantry School, Fort Benning, Georgia, in 1978. Item 35 (Record of Assignments) shows that during that same period (27 February through 19 March 1978), he was a student at the Pathfinder Course and was attached to Headquarters and Headquarters Company, 4th Student Battalion, Training Support Battalion, Fort Benning, Georgia.
7. On 31 January 1995, the applicant was honorably separated for the purpose of retirement. The separation document (DD Form 214) he was issued at the time confirms he completed a total of 20 years and 1 month of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the NDSM; RVNCM; AM; VSM with 1 silver service star and 3 bronze service stars; Parachutist Badge; CIB; RVN Gallantry Cross with Palm Unit Citation; 2 Overseas Service Bars; PH 1st Oak Leaf Cluster; AGCM (5th AWD); ASR; Overseas Service Ribbon;. ARCOM, BSM 1st Oak Leaf Cluster; AAM 2nd Oak Leaf Cluster; Ranger Tab; and Expert Marksmanship Qualification Badge with Rifle Bar.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 8-25, states in pertinent part that the Pathfinder Badge is authorized to any Soldier who has successfully completed the Pathfinder Course conducted by the United States Army Infantry School. It further states in pertinent part that the Pathfinder Badge is authorized to any Soldier who has previously been awarded the Pathfinder award for completion of Pathfinder training.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Pathfinder Badge was carefully considered and found to have merit. By regulation award of the Pathfinder Badge is authorized to any Soldier who has successfully completed the Pathfinder Course conducted by the United States Army Infantry School.
2. The evidence of record confirms the applicant successfully completed the Pathfinder course conducted by the Infantry School at Fort Benning, Georgia in 1978. Therefore, it would be appropriate to add this award to his record and
DD Form 214 at this time.
BOARD VOTE:
___x_ ___x __x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the Pathfinder Badge based on his completion of the Pathfinder Course in 1978 and by providing him a correction to his separation document that includes this change.
_____x_____
CHAIRPERSON
INDEX
CASE ID
AR20060011984
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/04/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1995/01/31
DISCHARGE AUTHORITY
AR635-200
DISCHARGE REASON
Retirement
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
107
2.
3.
4.
5.
6.
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