IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110009392
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 completion of the French Commando School and award of the French Commando Badge.
2. The applicant states he worked hard to complete this school and earned the French Commando Badge.
3. The applicant provides no additional documents.
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. On 1 October 1975, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. On 6 February 1976, the applicant departed Fort Polk, Louisiana, for duty in the Federal Republic of Germany (FRG).
a. On 12 February 1976, he was assigned to Company C, 1st Battalion, 7th Infantry Regiment.
b. His duty positions included rifleman, automatic rifleman, squad leader, and team leader.
c. On 24 September 1979, he departed the FRG.
4. On 26 September 1979, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby). He had attained the rank of specialist four, pay grade E-4, and completed 3 years, 11 months, and 26 days of creditable active duty service.
5. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form
2-1 (Personnel Qualification Record - Part II) indicates he completed the 4-week Primary Noncommissioned Officer Course (PNCOC) in 1978.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* Expert Infantryman Badge
* Army Commendation Medal
* Good Conduct Medal
7. Table D-1 (Foreign Badges), Army Regulation 600-8-22 (Military Awards) lists the French Forces Commando Badge as a recognized foreign badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show completion of the French Commando School and award of the French Commando Badge.
2. There is no available evidence of record showing that the applicant completed the French Commando School or was awarded the French Commando Badge. Furthermore, the applicant has not provided any documentary evidence to support his contention.
3. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20110009392
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