IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090001871
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 (Report of Transfer or Discharge) to show award of the Pathfinder Badge.
2. The applicant states that he went to Pathfinder School and was awarded the Pathfinder Badge but it is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 enlisted in the Regular Army on 27 May 1970 for a period of
3 years. He served in Vietnam from 25 March 1971 through 19 October 1971 and was released from active duty on 25 February 1972.
3. The applicant's DD Form 214 does not show the Pathfinder Badge as an authorized award.
4. There are no orders for the Pathfinder Badge in the available records.
5. Item 28 (Specialized Training) on the applicant's DA Form 20 shows he completed Pathfinder training on 12 February 1971. However, item 41 (Awards and Decorations) on his DA Form 20 shows the Pathfinder Badge was crossed out.
6. Appendix IX of U.S. Army Vietnam Regulation 672-1 (Awards) provided, in pertinent part, for the award of the Pathfinder Badge. The regulation authorized award of the Pathfinder Badge upon completion of 90 days of on-the-job training and permanent wear of the badge after six months of duty in an authorized position requiring a Pathfinder trained person or upon completion of 25 combat missions as a Pathfinder, whichever occurs earlier.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Pathfinder Badge in the available records. Although the applicant's DA Form 20 shows he completed Pathfinder training on
12 February 1971, the Pathfinder Badge was deleted from item 41 on his DA Form 20 which indicates the badge was revoked. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show the Pathfinder Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X__ 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.
__________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.
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