IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080019027
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, award of the Air Medal (AM) and the Pathfinder Badge.
2. The applicant states, in effect, that he attended Pathfinder school in June or July of 1965. However, both his AM and his Pathfinder Badge are not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He further states he would like his Pathfinder Badge sent to him and that his DD Form 214 be corrected to add both his award of the AM and the Pathfinder Badge.
3. The applicant provides his DD Form 214 and 1st Cavalry Division (Airmobile), General Orders Number 2578, dated 28 July 1966.
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 applicants record shows that he enlisted in the Regular Army and entered active duty on 16 September 1964. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he attained the rank of sergeant (SGT)/E-5 on 29 September 1966, and that this is the highest rank he held while serving on active duty. Item 27 (Military Education) is void of an entry showing the applicant attended a Pathfinder Course conducted by the United States Army Infantry School.
4. Item 41 (Awards and Decorations) of the applicants DA Form 20 shows that during his active duty tenure, he earned the Parachutist Badge, Combat Infantryman Badge (CIB), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal (RVNCM).
5. The applicant's record is void of any orders or other documents confirming he was ever awarded the Pathfinder Badge by proper authority.
6. On 18 September 1967, the applicant was honorably released from active duty (REFRAD). The DD Form 214 he was issued at the time confirms he completed a total of 3 years 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 Parachutist Badge, CIB, NDSM, VSM, and the RVNCM.
7. The applicant provides Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2578, dated 28 July 1966. This document awarded him the Air Medal for his meritorious achievement while participating in aerial flight during the period 22 September 1965 to 18 February 1966.
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 his DD Form 214 should be corrected to show his award of the AM was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the AM for his meritorious achievement in flight in the RVN during the period 22 September 1965 to 18 February 1966, as evidenced by the AM orders he provided. Therefore, it would be appropriate to add this award to his record and separation document at this time.
2. The applicant's contention of entitlement to award of the Pathfinder Badge was carefully considered. However, the applicant's record is void of any orders or other documents showing he was ever awarded the Pathfinder Badge by proper authority. Furthermore, the applicant's DA Form 20 is void of any entry confirming his attendance at the United States Army Infantry School to attend a Pathfinder course. Therefore, there is insufficient evidence to support granting the requested relief at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ 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 adding to item 24 of his DD Form 214, dated 18 September 1967, the Air Medal.
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 award of the Pathfinder 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) AR20080019027
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