BOARD DATE:	  	8 April 2010

		DOCKET NUMBER:  AR20090016899 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
28 September 1969 to show

	 a.  the following schools:

		(1)  Basic Airborne

		(2)  Jungle Warfare

		(3)  Jump Master

		(4)  Ranger

	b.  the following badges and tabs:

		(1)  Parachutist Badge

		(2)  Jungle Expert Badge

		(3)  Ranger Tab


2.  The applicant also requests award of the Noncommissioned Officer (NCO) Professional Development Ribbon with numeral 1, Army Service Ribbon, and the Army Reserve Forces Overseas Training Ribbon.

3.  The applicant states all of his schools and badges/tabs weren't entered on his DD Form 214.  He wants the Army Reserve Components Overseas Training Ribbon and Army Service Ribbon added since he retroactively qualifies for them both.  He bases award for the NCO Professional Development Ribbon with numeral 1 as a request for an exception to policy based on his completion of Ranger School since it was that completion which formed the basis for his promotion to pay grade E-6.  He bases his request for the Army Reserve Components Overseas Training Ribbon on his assignment to Panama for Jungle Warfare School.

4.  The applicant does not provide any additional documentation.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that on 13 May 1968 he entered active duty as an Army National Guard (ARNG) Soldier.

3.  The applicant's DA Form 20 shows that he completed Basic Airborne School on 13 August 1966; Jungle Warfare Training on 17 March 1968; and Ranger Training on 29 August 1968.  His DA Form 20 also shows the applicant was awarded the Parachutist Badge on 11 August 1966 and the Ranger Tab on 29 August 1968.

4.  The applicant was honorably released from active duty on 28 September 1969 and returned to his Indiana ARNG unit.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or 
Authorized) of his DD form 214 shows his authorized awards as the Army Good Conduct Medal (1st award), National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the DA Form 20 and orders.  It further states, in pertinent part:

	a.  for item 24, enter from item 41 of the DA Form 20 all decorations, service medals, campaign credit, and badges awarded or authorized omitting authorities cited therein.

	b.  for item 25 (Education and Training Completed) enter service schools and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.  For enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

6.  Army Regulation 600-8-22 (Military Awards) states that:

   a.  the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981 as announced in Department of the Army General Order 15, dated 10 October 1990.  It is awarded to Active Army, ARNG, and U.S. Army Reserve (USAR) Soldiers for successful completion of designated NCO professional development courses.

   b.  the Army Reserve Components Overseas Training Ribbon was established by the Secretary of the Army on 11 July 1984 as announced in Department of the Army General Order 15, dated 10 October 1990.  It is awarded to members of the Reserve Components of the Army (ARNG and USAR), for successful completion of annual training or active duty for training for a period not less than 10 consecutive duty days on foreign soil.  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed annual training or active duty for training on foreign soil in a Reserve status prior to 11 July 1984 provided they have an active Army status on or after 11 July 1984.

   c.  the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981 as announced in Department of the Army General Order 15, dated 
10 October 1990.  It is awarded to members of the U.S. Army for successful completion of initial entry training.  Effective 1 August 1981, all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for this award.  The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the Parachutist Badge and Ranger Tab.  As such, it would be proper to add this badge and tab to his DD Form 214.

2.  The applicant completed Ranger School during this period of service.  Therefore, he is entitled to correction of his DD Form 214 to add this school.

3.  However, he completed Jungle Warfare School prior to the beginning period of this service.  Therefore, this school is properly omitted on the DD Form 214 for the period beginning on 13 May 1968.

4.  The Jungle Expert Badge is a locally awarded badge and is only to be worn when assigned to the awarding unit.  This badge is not listed in the awards regulation.  As such, this badge cannot be entered on the applicant's DD Form 214.

5.  The applicant's Basic Airborne School was completed prior to his entry on active duty.  Since only schools completed during a period covered by the report are to be entered on a DD Form 214, this school is properly not listed on his DD Form 214 for the period ending 28 September 1969.

6.  There is no evidence which shows that the applicant completed jump master school while he was on active duty for the period ending 28 September 1969.  Therefore, this course cannot be entered on his DD Form 214.

7.  The NCO Professional Development Ribbon and Army Service Ribbon were established by the Secretary of the Army on 10 April 1981.  The Army Reserve Components Overseas Training Ribbon was established on 11 July 1984.  Only the Army Reserve Components Overseas Training Ribbon and Army Service Ribbon could be awarded retroactively, but only in cases where a Soldier has active Army status on or after 1 August 1981 and 11 July 1984, respectively.  Since there is no evidence that the applicant had active Army status on or after 1 August 1981, he is not entitled to these ribbons.

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:

   a.  adding to item 24 of his DD Form 214 for the period ending 28 September 1969 the Ranger Tab and the Parachutist Badge and
   
   b.  adding to item 25 of his DD Form 214 for the period ending 28 September 1969 the entry "Ranger School, 29 August 1968."

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 adding to his DD Form 214 for the period ending 28 September 1969 the Jungle Warfare, Basic Airborne, and Jump Master schools; and the NCO Professional Development Ribbon, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon, and the Jungle Expert 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)                                         AR20090016899



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ABCMR Record of Proceedings (cont)                                         AR20090016899



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