IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120000631
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 March 1974 to show award of the Explosive Ordnance Disposal (EOD) Badge for length of service as a member of EOD teams.
2. He states he was not issued the required ground badge after he served
12 years as a member of EOD teams or before he retired in 1974.
3. He provides his certificate from the U.S. Naval School - EOD, dated 25 May 1962.
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 was inducted into the Army Air Force on 30 January 1942. He held military occupational specialty (MOS) 345 (light truck driver). He was honorably discharged on 9 January 1946 for the convenience of the Government at demobilization.
3. On 3 January 1955, he enlisted in the Enlisted Reserve Corps. He was ordered to active duty on 20 February 1958 and he held MOS 642.10 (heavy vehicle driver). He was honorably discharged on 10 March 1958 for the purpose of enlistment in the Regular Army.
4. He enlisted in the Regular Army on 11 March 1958 for a period of 6 years.
5. He provided a certificate, dated 25 May 1962, that indicates he successfully completed the prescribed course of study for EOD at the U.S. Naval School.
6. He was honorably discharged on 10 March 1964 for the purpose of reenlistment. The DD Form 214 he was issued for this period does not show award of the EOD Badge.
7. He continued to serve on active duty through reenlistments on 11 March 1964 and 11 March 1970.
8. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 22 (MOS) he was awarded primary MOS 55D (EOD Specialist), effective 10 August 1962
* item 38 (Record of Assignments) he was assigned to the following principle duties in MOS 55D as follows:
* EOD Specialist from 23 February through 1 August 1962
* Senior EOD Specialist from 2 August 1962 through 2 September 1963
* Assistant EOD Supervisor from 3 September 1962 through 31 October 1963
* Senior EOD Specialist from 1 November 1963 through 17 November 1972
* EOD Supervisor from 18 November 1972 to 31 March 1974
* item 41 (Awards and Decorations) award of the:
* EOD Specialist Badge under the authority of Army Regulation 672-5-1 (Military Awards)
* Senior EOD Badge under the authority of Special Orders Number 96, issued by Headquarters, Miesau Army Depot (Germany), undated
9. He was retired from active duty on 31 March 1974 and he was transferred to the U.S. Army Reserve Control Group (Retired). His retirement DD Form 214 doesn't show award of the EOD Badge.
10. Army Regulation 600-8-22 (Military Awards) sets forth the requirements for the EOD Badge. There are three types of EOD badges authorized for award. They are Basic, Senior, and Master.
a. EOD Badge-Basic requires that an individual, at a minimum, must have satisfactorily completed conventional render safe qualification as prescribed for the EOD course of instruction; been assigned to a position that meets the EOD course prerequisite; served satisfactorily for 18 months for the award to be permanent; and must be awarded MOS 55D for enlisted Soldiers.
b. Senior EOD Badge is awarded to any commissioned officer or enlisted Soldier if they have:
(1) Been awarded the basic EOD Badge.
(2) As of effective date of 1 May 1989 must have served 36 months cumulative service assigned to a table of elements or table of distribution (TD) EOD position following award of basic badge. Prior to 1 May 1989, must have served 18 months cumulative service assigned to a table of organization equipment or TD EOD position following award of the basic EOD badge.
(3) Been recommended for the award by immediate commander.
(4) Current EOD qualifications at the time of recommendation for the award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record indicates the applicant:
* completed the required training and he was awarded MOS 55D
* completed the prescribed course of study for EOD
* served in EOD positions for more than 18 months
* was awarded the EOD Specialist Badge
* was awarded the Senior EOD Badge
2. In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 for the period ending 31 March 1974 to show the Senior EOD Badge.
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 to his DD Form 214 for the period ending 31 March 1974 the Senior Explosive Ordnance Disposal 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) AR20120000631
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