IN THE CASE OF:	  

		BOARD DATE:  10 September 2013

		DOCKET NUMBER:  AR20130002345 


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 all of his military education and awards.

2.  The applicant states he graduated from Combatives I and II, Air Assault, Heavy Weapons Course, achieved RECONDO at the Leader Development Assessment Course, achieved Gold in the German Armed Forces Proficiency Badge, and achieved the Physical Fitness Badge.

3.  The applicant provides:

* Diploma for completing the Air Assault Course
* Certificate of Training for completing the Tactical Army Combatives Course (Level I)
* Certificate of Training for completing the Tactical Army Combatives Course (Level II)
* Certificate of Achievement for attaining “RECONDO” at Warrior Forge
* Certificate for award of the German Armed Forces Badge (Gold)
* Diploma for completion of the Heavy Weapons Leaders Course
* Certificate of Achievement for scoring 300 on the Army Physical Fitness Test (APFT)

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 was commissioned as a U.S. Army Reserve second lieutenant on 13 May 2011 and he was ordered to active duty on 8 June 2011 for a period of 7 years.  He was transferred to Fort Benning, GA for his initial training.

3.  On 22 October 2012, he was discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b.  He served 1 year, 4 months, and 15 days of creditable active service.  His DD Form 214 shows in:

* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the National Defense Service Medal and the Army Service Ribbon
* block 14 (Military Education) the entry "None//Nothing Follows"

4.  A diploma provided by the applicant shows he completed the Air Assault Course at Fort Campbell, KY on 17 August 2009 while serving as a cadet.  The air assault course is a 2-week course.

5.  On 21 September 2010, while serving as a cadet, the applicant was awarded the German Armed Forces Badge for Military Proficiency in Gold by the German Army Liaison Staff.

6.  The applicant completed the Basic Army Combatives Course (Level I) of
1 week on 16 September 2011, the Basic Army Combatives Course (Level II) of 2 weeks on 30 September 2011, the Heavy Weapons Leaders Course on
15 December 2011, and he was designated “RECONDO” at a Warrior Forge exercise, all of which are combat arms-related courses/exercises.

7.  A review of his official records failed to show any additional training or awards listed.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 February 1999, Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event on the APFT and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  Permanent orders are not required for award of the Physical Fitness Badge.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides for the wear of the Physical Fitness Badge.

	b.  For foreign badges, commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

9.  Army Regulation 670-1 prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the active Army and the U.S. Army Reserve, as well as by former Soldiers.  It states the Physical Fitness Badge is authorized only as a cloth badge and is worn on the physical fitness uniform and on the improved physical fitness uniform, only.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

	a.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation


600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

	b.  block 14, 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 year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in
Army Training Requirements and Resources System (ATRRS) and DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Assault Badge.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence shows the applicant achieved a score of 300 on the APFT.  Therefore, he is entitled to the Physical Fitness Badge and correction of his
DD Form 214 to show this badge.

3.  He completed the Air Assault Course of 2 weeks in 2009; however, the course was completed prior to his entry on active duty and therefore is not authorized for entry on his DD Form 214. 

4.  The applicant provides a certificate that shows he was awarded the German Armed Forces Badge for Military Proficiency in Gold, signed by a member of the German Army Liaison Staff.  However, by Army regulation, commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges.  There is no evidence of record and the applicant did not provide any evidence that he was granted approval to accept, retain, and permanently wear this foreign badge.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

5.  The applicant further provides certificates of training, diplomas, and certificates of achievement for the courses mentioned in CONSIDERATION OF EVIDENCE, paragraph 6.  However, certificates of achievement and combat-related courses are not authorized for entry on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by  adding to block 13 of his DD Form 214 the Air Assault Badge and the Physical Fitness Badge. 
	
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

	a.  adding to block 13 of his DD Form 214 the German Armed Forces Badge for Military Proficiency in Gold, and

	b.  adding to block 13 and 14 of his DD Form 214 his Diploma and Certificates of Achievement/Appreciation and completion of the Air Assault Course, RECONDO Course, Basic Army Combatives Course (Level I), the Basic Army Combatives Course (Level II), and the Heavy Weapons Leaders Course.



      _______ _  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)                                         AR20130002345



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ABCMR Record of Proceedings (cont)                                         AR20130002345



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