IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002034
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 (Certificate of Release or Discharge from Active Duty) to show the Indonesia Scuba Divers Badge and completion of the Special Forces Underwater Operations Course in 1979.
2. The applicant states:
a. item 13 of his DD Form 214 should reflect his award of the Indonesia Scuba Divers Badge;
b. item 14 of his DD Form 214 should reflect his completion of the Special Forces Underwater Operations Course in 1979; and
c. he is filing a Department of Veterans Affairs (VA) claim and the VA has requested correction of his DD Form 214 to show this information.
3. The applicant provides:
* his DD Form 214
* a U.S. Army Institute for Military Assistance Diploma, dated 9 November 1979
* Orders 75-7, issued by Headquarters, U.S. Army Garrison, Okinawa, dated 26 April 1985 (military occupational specialty (MOS) orders)
*
a letter, issued by the U.S. Army Military Personnel Center, Alexandria, VA, subject: Foreign Award, dated 10 September 1985
* his DA Form 2-1 (Personnel Qualification Record)
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 applicants 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 applicants 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 17 November 1976. He ultimately served in MOSs 18Z (Special Forces Senior Sergeant) and 31Z (Communication Operations Chief).
3. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 includes an entry showing he successfully completed the 4-week Special Forces Underwater Operations Course in 1979. He also provides the corresponding diploma, signed by the Director, Special Forces School, confirming he graduated from this course.
4. On 10 September 1985, the Chief, Boards Section, Military Awards Branch, U.S. Army Military Personnel Center, Alexandria issued a letter authorizing the applicant's acceptance and wear of the Indonesia Scuba Divers Badge.
5. On 31 January 2000, the applicant was retired by reason of sufficient service for retirement. The DD Form 214 he was issued at that time shows he completed 23 years, 2 months, and 14 days of creditable active service this period.
6. Item 13 of his DD Form 214 does not include the Indonesia Scuba Divers Badge. Item 14 does not include an entry showing he completed the Special Forces Underwater Operations Course.
7. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states for:
a. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldiers records, and
b. item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 13 and 14 of his DD Form 214 should be corrected to add the Indonesia Scuba Divers Badge and to show completion of the Special Forces Underwater Operations Course.
2. The evidence of record confirms the applicant was awarded and authorized to accept and wear the Indonesia Scuba Divers Badge by the Chief, Military Awards Branch. Therefore, his DD Form 214 should be corrected to show this foreign badge.
3. Evidence shows the applicant completed the 4-week Special Forces Underwater Operations Course in 1979. The skills attained in this course of instruction are not specifically combat in nature. Therefore, since evidence of record and that provided by the applicant confirms successful completion of this course, it would be appropriate at this time to add this course to his 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 that the evidence presented was 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:
a. adding to item 13 of his DD Form 214 the Indonesia Scuba Divers Badge and
b. adding to item 14 of his DD Form 214 the entry "Special Forces Underwater Operations Course, 4 weeks, 1979."
___________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) AR20110002034
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ABCMR Record of Proceedings (cont) AR20110002034
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