IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100000496 


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 two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following:

* Drill Sergeant Identification Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* 18th Airborne Combat Patch
* Special Qualification Identifier (SQI) "X"

2.  The applicant states his DD Form 214 is in error because he was rushed through the process and he did not have his complete records at the time of his discharge.

3.  The applicant provides a copy of:

* his DD Form 214 for the period ending 28 November 2005
* his DD Form 215 (Correction to DD Form 214)
* a memorandum from the 104th Division (Training) Leadership Academy Commandant, Subject:  Permanent Award of the Drill Sergeant Identification Badge, dated 7 May 1991
* Orders 034-126, issued by Headquarters, 104th Division, Vancouver, WA, dated 22 April 1991
* his certificate of completion of the 104th Division (Training) Drill Sergeant School, dated 7 May 1991

* his DA Form 1059 (Service School Academic Evaluation Report), dated 24 August 1990
* his DA Form 5790-R (Record Firing Scorecard - Scaled Target Alternate Course), dated 1 May 2004
* his 18th Soldier Support Group (Airborne), Operation Iraqi Freedom, Certificate of Wartime Service, dated 5 November 2005

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR)) on 22 June 1985.  He was ordered to active duty for training, effective 4 September 1985, and he completed training as a personnel records specialist in military occupational specialty (MOS) 75D.

2.  He was released from active duty (REFRAD) on 19 December 1985 and he transferred to a unit at Fort Lawton, WA, to complete his remaining Reserve obligation.

3.  The applicant's DA Form 1059 shows that on 24 August 1990 he satisfactorily achieved course standards for Training and Doctrine Command (TRADOC) Drill Sergeant Course 90-1.

4.  Orders 034-126, published on 22 April 1991, awarded the applicant SQI "X" to be added to his MOS, effective the same date.

5.  In a memorandum from the 104th Division (Training) Leadership Academy Commandant, dated 7 May 1991, the applicant was notified he was awarded the Drill Sergeant Identification Badge for permanent wear, effective 22 April 1991.

6.  The applicant was honorably discharged from the USAR on 22 June 1993.

7.  On 31 May 1995, the applicant again enlisted in the USAR for 6 years.

8.  Orders A-059-29 were published on 28 February 1997, releasing him from his unit of assignment and assigning him the USAR Control Group (Reinforcement) due to unsatisfactory participation.  He was subsequently honorably discharged from the USAR, effective 5 June 2001.

9.  The applicant enlisted in the Washington Army National Guard (WAARNG) on 19 September 2002.



10.  On 8 September 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom, effective 13 September 2004.

11.  The applicant was REFRAD on 28 November 2005 and he was returned to his WAARNG unit.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was furnished shows the following awards:

* Meritorious Service Medal
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

12.  Item 11 (Primary Specialty) of his DD Form 214 for the period ending
28 November 2005 shows his MOS as "42A3O.  Item 13 does not show the Drill Sergeant Identification Badge or the Expert Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 also does not show the 18th Airborne Combat Patch.

13.  The applicant was honorably discharged from the WAARNG on 18 September 2006.  His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) shows he was awarded the:

* Meritorious Service Medal
* Army Achievement Medal
* Army Good Conduct Medal 
* National Defense Service Medal (2nd Award)
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Action Badge
* National Guard Service Ribbon
* Drill Sergeant Badge

14.  The applicant's records contain no orders showing his SQI "X" was withdrawn from his MOS due to loss of qualification skills or withdrawal from a voluntary program.

15.  The applicant submits a DA Form 5790-R.  However, there are no orders in the available record showing he was ever awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

16.  On 10 December 2007, the applicant was issued a DD Form 215 to add the Combat Action Badge and the Army Good Conduct Medal to his DD Form 214 for the period ending 28 November 2005.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date REFRAD or discharge.  It provides, in pertinent part, that for Item 11 (Primary Specialty) list only those specialties that have been awarded in orders and that have been held for at least 1 year.

19.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel and provides general assignment policies and responsibilities for managing the enlisted force.  Paragraph 3-13 contains guidance on award of SQI's.  It states, in pertinent part, that the servicing chief, Military Personnel Division, Personnel Service Battalion, or training activity commander will award fully qualified Soldiers appropriate SQI by publishing orders.  SQI “X” will be awarded on successful completion of Drill Sergeant School.  It further stipulates that the SQI will be withdrawn and deleted from the MOS awarded when qualification skills are lost or when the Soldier withdraws from a voluntary program.

20.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Drill Sergeant 

Identification Badge is awarded for successful completion of the Drill Sergeant's course and assignment as a Drill Sergeant to a training command.  The badge may be revoked if the recipient is removed from the position of a Drill Sergeant for cause regardless of the amount of time the individual has served in the position in a satisfactory manner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and based on the available evidence of record, he is entitled to have his DD Form 214 for the period ending 28 November 2005 amended to add the Drill Sergeant Identification Badge and SQI "X" to his MOS.

2.  However, there is no document contained in the available record showing he was ever awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  The DA Form 5790-R he submitted is insufficient evidence to show he is authorized this award.  Therefore, this award cannot be included on his DD Form 214 until such time as he can provide the document awarding him this badge.

3.  Additionally, there are no provisions for adding shoulder sleeve insignia for former wartime service on a DD Form 214.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant DD Form 214 as recommended below.

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.  deleting from item 11 of his DD Form 214 for the period ending
28 November 2005 the entry "42A3O" and replacing it with the entry "42A3X"; and

   b.  adding to item 13 of his DD Form 214 for the period ending 28 November 2005 the Drill Sergeant Identification Badge.

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 item 13 of his DD Form 214 for the period ending 28 November 2005 the Expert Marksmanship Qualification Badge with Rifle Bar or the 18th Airborne Combat Patch.



      _______ _   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)                                         AR20100000496



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of