IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007034
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 16 March 1981 be corrected by adding the Jungle Expert Badge.
2. The applicant states, in effect, that while he was assigned to Combat Support Company, 2nd Battalion, 503rd Infantry at Fort Campbell, Kentucky, his unit trained in Panama for the Jungle Expert Badge. He states that he earned the above mentioned award and wants it added to his DD Form 214.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior service in the Army National Guard. He enlisted in the Regular Army on 13 February 1979 after successfully completing basic combat and advanced individual training. He was awarded military occupational specialty 76Y (Supply Clerk).
3. On 16 March 1981, the applicant was honorably discharged for physical disability without severance pay after completing 2 years, 1 month, and 4 days of creditable active service with 6 days time lost due to absence without leave (AWOL).
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with the period ending 16 March 1981 show the entry "NONE." Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) does not show award of the Jungle Expert Badge.
5. There are no orders or certificate in the applicant's records that show he was awarded the Jungle Expert Badge.
6. Army Regulation 600-8-22 provides, in pertinent part, 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. The "Jungle Expert Badge" is not listed as an authorized badge. Effective
30 September 1986, locally established special skill badges are no longer authorized for wear. Authority for major commanders to approve local badges was rescinded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he trained in Panama and his DD Form
214 should be corrected by adding the Jungle Expert Badge.
2. Army Regulation 600-8-22 provides, in pertinent part, 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. The "Jungle Expert Badge" is not listed as an authorized badge. Effective
30 September 1986, locally established special skill badges where no longer authorized for wear. Authority for major commanders to approve local badges was rescinded. Therefore, there is insufficient basis for adding the Jungle Expert Badge to the applicant's DD Form 214.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______xxxx___________
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.
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