IN THE CASE OF:	  

		BOARD DATE:	    21 November 2013

		DOCKET NUMBER:  AR20130004901 


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) ending on 31 March 1998 to show the Drill Sergeant Identification Badge. 

2.  The applicant states the Drill Sergeant Identification Badge is not shown on his 1998 DD Form 214.

3.  The applicant provides:

* DD Form 214, ending on 31 March 1998
* Certificate of Training, Drill Sergeant Course
* Page 3 of his 4-page DA Form 2-1 (Personnel Qualification Record)

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 is a retired chief warrant officer three (CW3) who served in an enlisted and warrant officer status between October 1965 and March 1998.  He served in a variety of stateside and overseas assignments, including Korea, Italy, Okinawa, and Vietnam.   

3.  He initially enlisted in the Regular Army (RA) on 27 October 1965 and held military occupational specialty 72B (Communications Center Specialist).  He served in Okinawa from around December 1966 to June 1968.  

4.  He was honorably released from active duty on 25 October 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal. 

5.  He enlisted in the RA on 9 June 1970.  He attained the rank/grade of specialist four/E-4 and he completed the Drill Sergeant Course, Class 1-71, at Fort Leonard Wood, MO on 28 August 1970.  

6.  He performed duties of Drill Sergeant from 28 August 1970 to on or about 5 October 1971.  He was assigned to Company A, 3rd Battalion, 2nd Basic Combat Training Brigade, Fort Leonard Wood, MO.  

7.  He was honorably discharged on 24 May 1971 for the purpose of immediate reenlistment in the RA.  His DD Form 214 for this period of service shows the National Defense Service Medal. 

8.  He reenlisted in the RA on 25 May 1971.  He served in Vietnam from around October 1971 to June 1972.  He was assigned to the U.S. Army Strategic Communications Command.  

9.  He was honorably discharged on 5 November 1975 for the purpose of immediate reenlistment.  His DD Form 214 (Report of Separation from Active Duty) for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross 
* Army Good Conduct Medal

10.  He reenlisted in the RA on 6 November 1975.  He was honorably discharged on 6 August 1978 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm
* Army Good Conduct Medal (3rd Award)
* Gold Recruiter Badge with 1st Sapphire Star

11.  He reenlisted in the RA on 7 August 1978.  He served in Korea from October 1981 to September 1982.  

12.  He was honorably discharged on 16 November 1989 as a Master Sergeant/E-8 to accept appointment as a warrant officer of the Army.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Vietnam Service Medal with three campaigns [stars]
* Good Conduct Medal (6th Award)
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm
* Gold Recruiter Badge with 3 Sapphire Stars
* Army Commendation Medal
* NCO Professional Development Ribbon with Numeral 4
* Army Achievement Medal (1st Oak Leaf Cluster)
* Overseas Service Ribbon (3rd Award)
* One overseas service bar

13.  He was appointed as a warrant officer of the Army and executed an oath of office on 17 November 1989 with concurrent call to active duty.  He attained the rank of CW3.  

14.  He served in Korea from January 1990 to January 1991 and from January 1994 to February 1995. 


15.  He retired on 31 March 1998 and he was placed on the Retired List in his retired rank of CW3 on 1 April 1998.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Meritorious Service Medal
* Army Commendation Medal (4th Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with three campaigns [stars]
* NCO Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Driver and Mechanic Badge with Driver-W Bar
* U.S. Army Basic Recruiter Badge

16.  Army Regulation 600-8-19 (Military Awards) states:

	a.  The Drill Sergeant Identification Badge is awarded upon 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.  Officers are authorized to wear this badge if it was permanently awarded to them while in an enlisted status.  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 identifiers (SQI) "X."

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the Drill Sergeant Course, Class 1-71, at Fort Leonard Wood, MO on 28 August 1970.  He also performed duties of Drill Sergeant from 28 August 1970 to on or about 5 October 1971.  He was assigned to Company A, 3rd Battalion, 2nd Basic Combat Training Brigade, Fort Leonard Wood, MO.  It appears he met the criteria for award of the Drill Sergeant Identification Badge and should be entitled to this badge and correction of his DD Form 214 to show it. 

2.  The evidence of record shows the applicant served in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 ending on 31 March 1998 the:

* Drill Sergeant Identification Badge
* Korea Defense Service Medal




      _______ _   _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)                                         AR20130004901





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004901



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1