IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023711 


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 Military Freefall Parachutist Badge, Drill Sergeant Badge, and North Atlantic Treaty Organization (NATO) Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states someone in personnel removed orders for the awards in question from his record.

3.  The applicant provides the following documents in support of his application:

* 2 May 2002 DD Form 214
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Skill Qualification Identifier (SQI) X award orders
* Drill Sergeant School Graduation Certificate
* Military Freefall Parachutist Course Graduation Certificate

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 record shows he served in the Active and Reserve Components of the Army from the date of his entry in the Delayed Entry Program on 27 June 1983 through the date of his transfer to the Retired Reserve on 28 March 2005.

3.  The last DA Form 2-1 on file in his official military personnel file (OMPF), dated 16 November 2003, shows the applicant completed the Military Free Fall Parachutist Course at the U.S. Army Training Center, Fort Bragg, North Carolina, in 1986 and the Drill Sergeant Course at the Noncommissioned Officer (NCO) Academy, Fort Dix, New Jersey, in 1988 in item 17 (Civilian Education and Military Schools).  It also lists the Drill Sergeant Badge in item 9 (Awards, Decorations, and Campaigns).  The NATO Medal is not listed in item 9 of his DA Form 2-1.

4.  His OMPF contains a DA Form 2166-6 (Enlisted Evaluation Report) covering the period March 1988 through November 1988 and DA Forms 2166-7 (NCO Evaluation Report) covering the periods December 1988 through November 1989, December 1989 through October 1990, and November 1990 through October 1991.  These reports show the applicant received successful evaluations as a drill sergeant of a Reserve one-station unit training infantry company during the periods covered by the evaluation reports.  His OMPF also contains orders awarding the applicant SQI X (Drill Sergeant) effective 20 February 1992.

5.  The applicant's OMPF contains DD Forms 214 effective 8 March 1988 and 28 March 2005.  The 2 May 2002 DD Form 214 provided by the applicant is not on file in his OMPF.

6.  The last DD Form 214 on file in the applicant's OMPF, effective 28 March 2005, shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and the continuation of this item in item 18 (Remarks):

* Bronze Star Medal
* Army Commendation Medal (2)
* Army Achievement Medal (5)
* Army Reserve Components Achievement Medal (4)
* National Defense Service Medal (2)
* Global War on Terrorism Expeditionary Medal
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device (2)
* Armed Forces Reserve Medal with 10-Year Device 
* Noncommissioned Officer Professional Development Ribbon (4)
* Army Service Ribbon
* Army Good Conduct Medal
* overseas service bar
* Army Reserve Components Overseas Training Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge

7.  Item 18 of the 2005 DD Form 214 contains the statement "SEE ATTACHED CONTINUATION SHEET" following the last award listed.  The continuation sheet referred to is not on file in his OMPF.

8.  The applicant provides a DD Form 214 effective 2 May 2002 that includes the NATO Medal in item 18.  This DD Form 214 is not on file in his OMPF.  This document also shows he was mobilized in support of Operation Joint Forge and served in Bosnia from 18 September 2001 through 2 April 2002.  He also provides certificates confirming his completion of the Drill Sergeant Course at the NCO Academy at Fort Dix, New Jersey, on 14 October 1988 and completion of the Military Free Fall Parachutist Course at the U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWC) on 30 July 1986.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 8-42 contains guidance on the Drill Sergeant Identification Badge.  It states the criteria for this award is successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.

10.  Paragraph 8-16 of Army Regulation 600-8-22 contains guidance on the Military Free Fall Parachutist Badge.  It states an individual must have satisfactorily completed a prescribed program of instruction in military free fall approved by the USAJFKSWC or have executed a military free fall combat jump to be eligible for the basic badge.

11.  Paragraph 9-11 of Army Regulation 600-8-22 contains guidance on the NATO Medal.  It states it is authorized for operations related to the former Republic of Yugoslavia, including Bosnia, from 14 November 1995 through a date to be determined.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the awards in question should be added to his DD Form 214 has been carefully considered and was found to have merit.

2.  The applicant's OMPF contains a DA Form 2-1 and evaluation reports that confirm he completed the Drill Sergeant Course, completed a successful assignment as a drill sergeant in a Reserve training unit, and was awarded SQI X; and that he completed the Military Free Fall Parachutist Course at the USAJFKSWC in 1986.  Therefore, it would be appropriate to add the Drill Sergeant Badge and Military Free Fall Parachutist Badge to his 28 March 2005 DD Form 214.

3.  The record also confirms the applicant served in support of Operation Joint Forge in Bosnia and is therefore eligible for the NATO Medal which is already listed on his 2002 DD Form 214.  Therefore, it would be appropriate to add the NATO Medal to item 13 of his 28 March 2005 DD Form 214.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
amending item 13 of his 28 March 2005 DD Form 214 by adding the following awards and decorations:

* NATO Medal


* Drill Sergeant Badge
* Military Free Fall Parachutist 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)                                         AR20100023711



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ABCMR Record of Proceedings (cont)                                         AR20100023711



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