IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120012107
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 Stated Report of Transfer or Discharge), dated 28 July 1969, to show the following:
* Item 4 (Department, Component and Branch or Class) "Army RA INF" or "Supply or STK CLK"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Parachutist Badge, Combat Infantryman Badge, and Drill Sergeant Identification Badge
* Item 25 (Education and Training Completed) Airborne Training and Drill Sergeant Training at Fort Jackson, SC 1966-07-15
2. The applicant states:
* he performed infantryman duties in Vietnam
* he was assigned to Headquarters, 1st Battalion (Airborne), 173rd Airborne Brigade, 503rd Infantry (Recon)
* he was told that he would be awarded the Combat Infantryman Badge in Vietnam and he never received any documents
3. The applicant provides a copy of an 82nd Airborne Division Certificate of Completion.
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's requests for correction of his DD Form 214 to show a different Department, Component and Branch or Class; Combat Infantryman and Parachutist Badges; and Drill Sergeant Training were previously considered by the Board in ABCMR Memorandum of Consideration Docket Number AC85-09199, dated 14 January 1987. He has been notified by separate letter regarding the outcome of his previous request. Therefore, in these ABCMR Proceedings, only the portions of his request that pertains to correcting his
DD Form 214 to show the Drill Sergeant Identification Badge and Airborne and Drill Sergeant Training will be considered.
3. On 24 June 1960, the applicant enlisted in the Regular Army (RA) for 3 years. He completed training as a supply clerk.
4. After completing 2 years, 11 months, and 21 days of net active service this period, he was released from active duty on 14 June 1963, as an overseas returnee. He received a DD Form 214 which shows he was awarded the Expert Marksmanship Qualification Badge (Rifle M-1). His DD Form 214 also shows, in item 29 (Other Service Training Courses Successfully Completed), he completed Airborne Training.
5. The applicant again enlisted in the RA for 6 years on 1 August 1963.
6. After completing 5 years, 11 months, and 28 days of net service this period, he was discharged on 28 July 1969 as an overseas returnee. Item 24 on the DD Form 214 he received covering this period of service shows the following awards:
* One Overseas Service Bar
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
7. Item 25 on his DD Form 214 dated 28 July 1969 shows "NCO ACAD" which was corrected in ABCMR Memorandum of Consideration Docket Number AC85-09199, on 14 January 1987.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) states in order to be awarded the Drill Sergeant Identification Badge successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command is required. The Commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum. Officers are authorized to wear this badge if it was permanently awarded to them while in an enlisted status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available records show his airborne training is properly shown on his
DD Form 214 dated 14 June 1963. According to the applicable regulation, his request to correct his DD Form 214 dated 28 July 1969 to show this airborne training should be denied.
3. There is no evidence in the available record, nor has the applicant submitted any evidence, to show that he successfully completed the Drill Sergeant Course and was assigned as a drill sergeant to a training command. He is not authorized the Drill Sergeant Identification Badge and it should not be added on his DD Form 214.
4. In view of the foregoing, the applicant's requests 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) AR20120012107
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ABCMR Record of Proceedings (cont) AR20120012107
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