IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023719
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 that his award of the Sapper Tab be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he successfully completed the Sapper course in 1985 but the tab was not created until after his release from active duty.
3. The applicant provides copies of his DD Form 214 and an excerpt from the Army awards regulation.
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 served on active duty from 25 November 1981 through 1 July 1992 in the military occupational specialty 12B (Combat Engineer).
3. The applicant successfully completed the Sapper Leadership Course on 28 August 1985.
4. U. S. Army Maneuver Support Center Permanent Orders 313-46, dated 8 November 2004, retroactively awarded the applicant the Sapper Tab for his completion of the Sapper Leadership Course
5. Army Regulation 600-8-22 (Military Awards) states the Sapper Tab was established on 28 June 2004 and is authorized for award to any person who successfully graduates from a Sapper Leaders Course conducted by the U.S. Army Engineer School at Fort Leonard Wood, MO. It may be retroactively awarded to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.
DISCUSSION AND CONCLUSIONS:
The applicant qualified for and was officially retroactively awarded the Sapper Tab on 8 November 2004. It is appropriate to add this retroactive award 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 adding the Sapper Tab to the applicant's authorized awards on his DD Form 214.
___________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) AR20110023719
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ABCMR Record of Proceedings (cont) AR20110023719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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