IN THE CASE OF:	  

		BOARD DATE:	    11 June 2013

		DOCKET NUMBER:  AR20120020650 


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 award of the Drill Sergeant Identification Badge and completion of Drill Sergeant School.

2.  The applicant states:

* he was awarded the Drill Sergeant Identification Badge and he completed Drill Sergeant School
* he was misled by a civilian clerk that he spoke to during his out processing for retirement
* he believed the clerk had corrected the error on his DD Form 214 when she added the "Drill Sergeant Badge"
* he just recently discovered that the correction was made on the Member's copy only and not on the copies that were forwarded

3.  The applicant provides:

* Member-4 copy of his DD Form 214 for the period ending 31 October 1989
* Drill Sergeant School Diploma, dated 12 December 1974
* Official DA photographs of himself
* Orders F-11-008138, issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 15 November 1990
* 
Orders 45-26, issued by the U.S. Army Military Personnel Center (MILPERCEN), Alexandria, VA, dated 23 April 1985
* Orders 257-49, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Polk, LA, dated 13 December 1984
* Orders 189-75, issued by Headquarters, Presidio of San Francisco, CA, dated 28 September 1983
* Orders 275-1, issued by MILPERCEN, dated 1 October 1979
* Orders 19-315, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 19 January 1978
* Special Orders Number 022, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Polk, dated 16 October 1975
* Enlisted Efficiency Report for the period February 1975 through June 1975
* Enlisted Evaluation Reports for the periods March 1982 through February 1983 and January through June 1984
* Senior Enlisted Evaluation Report for the period July through October 1980 and a second report for the period ending February 1978
* Letters of Commendation dated 11 December 1974, 15 December 1975, and 23 March 1976

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 applicant's 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 applicant's 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 (RA) on 8 October 1969.  He completed training in military occupational specialty (MOS) 36K (tactical wire operations specialist.)

3.  The applicant's record contains a DA Form 2-1 (Personnel Qualification Record – Part II) that shows in:

* item 17 (Civilian Education and Military Schools) he completed a 6-week Drill Sergeant School at Fort Polk in 1974
* item 35 (Current and Previous Assignments) he performed drill sergeant duties in duty MOS 11B4X from 4 September 1974 through March 1976 while assigned to D Company, 1st Battalion, 2nd Training Brigade, Fort Polk

4.  The applicant's Army Military Human Resource Record (AMHRR) does not contain a DD Form 214 showing his period of active duty service from 8 October 1969 through 19 January 1978.  However, his AMHRR contain a Certification of Military Service, dated 6 January 2005, that indicates he was an RA enlisted member in the rank/grade of staff sergeant (SSG)/E-6 who was honorably discharged having served from 8 October 1969 through 19 January 1978.

5.  The applicant reenlisted in the RA on 20 January 1978.    He remained on active duty through continuous reenlistments and extensions. He subsequently retired by reason of length of service for retirement on 31 October 1989.  The 
DD Form 214 he was issued at the time does not show he was awarded the Drill Sergeant Identification Badge or that he had completed Drill Sergeant School.

6.  The applicant provides:

	a.  evidence that shows his primary MOS (PMOS) as either 11B5X, 11B4X or 11B3X;

	b.  the Member copy of his DD Form 214 that shows he was awarded the "Drill Sergeant Badge" (although the Service copy in his AMHRR does not include this badge);

	c.  an Honor Graduate Diploma from the Academic Board, Fort Polk, dated 
12 December 1974, that shows he successfully completed the Drill Sergeant School and he was declared the honor graduate.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, combat and special skill badges, and similar devices awarded in recognition of accomplishments.  It states the Drill Sergeant Identification Badge is awarded for successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.  The Commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum.  The badge may be revoked if the recipient is removed from the position of a drill sergeant for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.  Authority to revoke the badge is delegated to commanders of U.S. Army training centers and commandants of drill sergeant schools.  Commanders of U.S. Army training centers may further delegate the revocation authority to commanders in the grade of colonel or higher who have the authority to remove Soldiers from drill sergeant duties and withdraw skill qualification identifier (SQI) "X."

8.  Department of the Army Pamphlet 611-21 (Military Occupational Classification Structure Development and Implementation) defines authorized career management fields, MOSs, SQIs, and additional skill identifiers (ASIs), and provides guidance on the use of these codes in the classification of enlisted positions and personnel.  It shows the title for SQI "X" is drill sergeant qualified.  Chapter 10 of this pamphlet shows the title for MOS 11B is "Infantryman."

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.  It states for:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	b.  item 14 (Military Education), 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 month 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's contentions have been noted and his supporting evidence has been considered.

2.  The evidence shows the applicant met the criteria for award of the Drill Sergeant Identification Badge.  There is no evidence the applicant was removed from drill sergeant duties that would have resulted in the Drill Sergeant Identification Badge and withdrawal of the SQI "X" identifier from his PMOS.  As such, it is reasonable to presume that he was awarded the badge and that it may have been shown on his DD Form 214 for the period ending 19 January 1978.  
Therefore, his DD Form 214 for the period ending 31 October 1989 should be corrected to show this badge.

3.  The governing Army regulation states to list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  However, there is no available DD Form 214 that shows he completed the Drill Sergeant School in 1974.  Therefore, there would be no harm in correcting his DD Form 214 for the period ending 31 October 1989 to show his completion of the Drill Sergeant School in 1974.

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 for the period ending 31 October 1989 the Drill Sergeant Identification Badge, and

	b.  adding to item 14 of his DD Form 214 for the period ending 31 October 1989 the entry "Drill Sergeant School, 6 weeks, December 1974."



      ____________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)                                         AR20120020650



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ABCMR Record of Proceedings (cont)                                         AR20120020650



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