IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110001776 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Expert Infantryman Badge (EIB), Special Forces Tab, Expert Field Medical Badge, and Senior Parachutist Badge and his military education.

2.  The applicant states, in effect, that these awards and training courses were omitted when his DD Form 214 was prepared.

3.  The applicant provides seven certificates of training, one certificate of achievement, Special Orders Number 190, and an internet printout of the job description for a special operations medical sergeant.

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 Board requested the applicant's military records from the repository in St. Louis, MO, but without success.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost in that fire.  However, there are sufficient records to make a fair, impartial and equitable determination in this case.

3.  The applicant's records show that he enlisted in the Regular Army on 11 Jun 1952 with 3 years and 11 months or prior service.  He attended medical aidman training in 1953 and served as a medical airman.  He was awarded the Parachute Badge, National Defense Service Medal, Army of Occupation Medal with Germany Clasp, and the Good Conduct Medal. 

4.  He was honorably discharged on 18 July 1956.  

5.  The documents provided by the applicant are certificates showing he completed the:

* jump master course on 11 August 1955
* basic airborne course on 30 January 1953
* medical aidman advanced course on 23 May 1953
* area familiarization course on 25 March 1955
* military skiing and winter operations course on 17 December 1954
* course B, Uniform Code of Military Justice course on 19 December 1955
* special forces clinical aidman course on 4 September 1953

6.  The applicant also submitted Special Orders Number 190 dated 30 August 1955 which shows he completed the Jumpmaster and Air Transportability Training.

7.  Army Regulation 635-5 (Personnel Separations), in effect at the time, states that for entries in Item 28 of a DD Form 214, enter service schools including dates and major courses which were successfully completed.

8.  Army Regulation 672-5-1 (Military Awards) states:

   a.  In order to be awarded the EIB, personnel must meet Department of the Army established testing requirements and must possess a military occupational specialty within Career Management Field 11 (Infantry) or 18 (Special Forces), less MOS 18D (special operations medical sergeant).

   b.  The EFMB recognizes Army medical personnel for attaining a high state of technical skill in field medical functions.  It is awarded on the basis of proven skill and performance.  Prior to being awarded the badge, personnel must successfully pass all test parts prescribed by Army Regulations.

   c.  In order to be awarded the senior parachutist badge, a Soldier must have participated in a minimum of 30 parachute jumps to include 15 jumps with combat equipment; two night jumps, one of which is as jumpmaster of a stick; two mass tactical jumps which culminate in an airborne assault problem; graduated from the Jumpmaster Course; and served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 24 months.
   
   d.  In order to be awarded the Special Forces Tab, the soldier must complete either the Special Forces Qualification Course, or the Special Forces Detachment Officer Qualification Course (formerly known as the Special Forces Officer Course), at the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, North Carolina (previously known as the U.S. Army Institute for Military Assistance).  The Special Forces Tab was created in 1983.  At the time of its creation, the Special Forces Tab was retroactively awarded to any Army soldiers previously Special Forces-qualified. 
   
DISCUSSION AND CONCLUSIONS:

1.  There is no reason to doubt the authenticity of the certificates provided by the applicant.  As such, it would be appropriate to amend Item 28 of his DD Form 214 to add the jump master course on 11 August 1955, basic airborne course on 30 January 1953, area familiarization course on 25 March 1955, military skiing and winter operations course on 17 December 1954, course B Uniform Code of Military Justice course on 19 December 1955, and special forces clinical aidman course on 4 September 1953.

2.  As for the EIB, EFMB, and senior parachutist badge requested by the applicant, there is insufficient evidence in which to grant his request due to the following:

   a.  For the EIB, the applicant was a medical aidman, not an infantryman.

   b.  For the EFMB, there is no evidence the applicant successfully passed all test parts prescribed by Army Regulations for this badge.

   c.  For the senior parachutist badge, there is no evidence the applicant participated in a minimum of 30 parachute jumps to include 15 jumps with combat equipment; two night jumps, one of which is as jumpmaster of a stick; two mass tactical jumps which culminate in an airborne assault problem; and served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 24 months.

3.  However, the applicant's entitlement to the Special Forces Tab is not as clear cut.  While the applicant completed the Special Forces clinical aidman course on 4 September 1953, there is no evidence he was Special Forces qualified.  However, at that time the Special Forces was in its infancy and the John F. Kennedy Special Warfare Center and School did not exist yet.  Since the applicant had been awarded the Parachutist Badge, had completed Jump Master school, and had completed the special forces clinical aidman course, the preponderance of evidence supports the belief that he is entitled to the Special Forces Tab.

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 to amend:

   a.  Item 28 of his DD Form 214 to add the jump master course on 11 August 1955, basic airborne course on 30 January 1953, area familiarization course on 25 March 1955, military skiing and winter operations course on 17 December 1954, course B Uniform Code of Military Justice course on 19 December 1955, and special forces clinical aidman course on 4 September 1953; and
   
   b.  Item 26 of his DD Form 214 to add the Special Forces Tab.




2.  The Board further determined that the evidence presented was 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 EIB, EFMB, and Senior 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)                                         AR20110001776





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ABCMR Record of Proceedings (cont)                                         AR20110001776



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