IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022089 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
21 November 2002:

* Army Commendation Medal
* Army Achievement Medal (second award)
* German Military Parachutist Badge 
* Czech Military Parachutist Badge 
* Portuguese Military Parachutist Badge

2.  He also requests the following courses of instruction be added to his DD Form 214:

* Infantry School
* Combat Lifesaver Course
* 75th Ranger Indoctrination Program

3.  The applicant states his DD Form 214 does not correctly reflect his period of service.

4.  The applicant provides:

* his DD Form 214
* three certificates for completion of training
* three letters, dated 1 November 2001, for his foreign parachutist badges
* two certificates and DA Forms 638 (Recommendation for Award) for the Army Achievement Medal
* a certificate and DA Form 638 for the Army Commendation Medal

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 enlisted in the Regular Army on 2 January 2001.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman).

3.  He successfully completed the 40-hour Combat Lifesaver Course on 14 June 2001.  

4.  He completed the 75th Ranger Regiment Indoctrination Program on 22 June 2001.

5.  Headquarters, 75th Ranger Regiment, Fort Benning, GA issued three memoranda, signed by the regimental commander, on 1 November 2001 authorizing the applicant to accept and wear the:

* German Military Parachutist Badge (listed in Army Regulation 600-8-22 (Military Awards)) as German Armed Forces Parachutist Badge (bronze, silver, and gold)
* Czech Military Parachutist Badge (listed in Army Regulation 600-8-22 as the Czech Parachutist Badge)
* Portuguese Military Parachutist Badge

6.  The certificate for the German Armed Forces Parachutist Badge indicates he was awarded Level I of the German Armed Forces Parachutist Badge.


7.  Headquarters, 2nd Battalion, 75th Ranger Regiment, Fort Lewis, WA issued:

* Permanent Order 324-26, dated 20 November 2001, awarding the applicant the Army Achievement Medal
* Permanent Order 331-04, dated 27 November 2001, awarding him the Army Achievement Medal

8.  Headquarters, 75th Ranger Regiment issued Permanent Order 205-297, dated 24 July 2002, awarding him the Army Commendation Medal.

9.  On 21 November 2002, he was discharged by reason of misconduct.  He completed 1 year, 10 month, and 20 days of active service that was characterized as under honorable conditions.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge

10.  Item 14 (Military Education) contains the entry: "Basic Airborne, 3 weeks, 2001."

11.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.   This regulation also states combat lifesavers must be recertified every 12 months at the unit level.  

12.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that the DA Form 2-1 was among the source documents for entries on the DD Form 214.  The regulation provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14.  This regulation further stated that the information entered in Item 14 is to assist the member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.

13.  Army Regulation 600-8-22 states commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation.  Any badges not listed in Appendix D must be forwarded to Human Resources Command (HRC), Fort Knox, KY for approval.  Appendix D lists the:

* German Armed Forces Parachutist Badge (bronze, silver, and gold)
* Czech Parachutist Badge

The Portuguese Military Parachutist Badge is not listed in Appendix D.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two Army Achievement Medals.  Therefore, his DD Form 214 should be amended to show the Army Achievement Medal (2nd award).

2.  Orders show he was awarded the Army Commendation Medal.  Therefore, this award should be included on his DD Form 214.

3.  The German Armed Forces Parachutist Badge and the Czech Parachutist Badge are both listed in Appendix D of Army Regulation 600-8-22 and they were approved for acceptance and wear by his regimental commander.  The German certificate indicates he was awarded Level I of the parachutist badge.  Therefore, the German Armed Forces Parachutist Badge (bronze) and the Czech Parachutist Badge should be included on his DD Form 214.

4.  The Portuguese Military Parachutist Badge is not listed in Appendix D of Army Regulation 600-8-22.  Accordingly, approval to accept and wear this badge must be granted by HRC.  There is no evidence of HRC approval for this badge.  Therefore, the Portuguese Military Parachutist Badge may not be added to his DD Form 214.

5.  The Infantry School and the 75th Ranger Indoctrination Program are both designed to provide combat skills for the Soldier.  Therefore, these courses are not listed on a Soldier's DD Form 214.

6.  Skills attained in the Combat Lifesavers Course are not combat in nature.  Therefore, it is appropriate to include this course on the applicant’s DD Form 214.


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 making the following amendments to his DD Form 214:

	a.  amend item 13 to show he was awarded the:

* Army Commendation Medal
* Army Achievement Medal (2nd award)
* German Armed Forces Parachutist Badge (bronze)
* Czech Parachutist Badge

	b.  item 14 - add the entry: Combat Lifesavers Course, 40 hours, 14 June 2001.

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 the Portuguese Military Parachutist Badge, the Infantry School, and the 75th Ranger Indoctrination Program.




      _______ _   __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)                                         AR20100022089





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ABCMR Record of Proceedings (cont)                                         AR20100022089



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