IN THE CASE OF: 

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013400 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by showing that he was awarded the Expert Infantryman Badge (EIB), Leistungsabzeichen der Bundeswehr from the Federal Republic of Germany (FRG), Cold War Medal, Noncommissioned Officer Proficiency Badge and Ribbon, Army Commendation Medal (ARCOM), FRG Schutzenschnur Marksmanship Badge (Bronze), National Defense Service Medal (NDSM), and the German Army Sports Award and that he completed the following courses:

* Primary Noncommissioned Officer Course (PNCOC) for Combat Arms in 1979
* The Army Maintenance Management System (TAMMS) Course of            2 weeks in November 1978
* Food Service and Sanitation Certification Program in March 1989
* Food Service and Field Food Services Operations Course of 16 hours in 1989
* 94B1O Food Service Specialist Course 30 weeks in 1989 

2.  The applicant states, in effect, that he was not awarded the EIB or ARCOM prior to his separation and awards of the Leistungsabzeichen der Bundeswehr from the FRG, Cold War Medal, Noncommissioned Officer Proficiency Badge and Ribbon, FRG Schutzenschnur Marksmanship Badge (Bronze), NDSM, and the German Army Sports Award were not added to his DD Form 214 at the time of his separation.  Additionally, his completion of military education courses was left blank.  He goes on to state that he completed the EIB course and still has his scorecard.  Additionally, his subsequent service in the U.S. Army Reserve (USAR) and Army National Guard (ARNG) is not reflected on his DD Form 214.

3.  The applicant provides a copy of an EIB Scorecard, Verification of Award of the German Army Sports Award, course completion certificates, and his DD Form 214 and National Guard Bureau (NGB) Form 22 (Report of Separation and Servicer 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’s records, though somewhat incomplete, show that he enlisted in the Regular Army on 6 October 1975 for a period of 4 years, assignment to Fort Carson, Colorado and a cash enlistment bonus.  He completed his training as a light weapons infantryman and was assigned to Fort Carson.

3.  The applicant completed the TAMMS Course of 2 weeks in November 1978 and PNCOC in March 1979; however, they were not entered on his DD Form 214.

4.  On 5 October 1979, he was honorably released from active duty (REFRAD) at Fort Carson due to completion of required service.  He had served 4 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Good Conduct Medal (1st Award) and his marksmanship badges.  He was transferred to the USAR Control Group (Reinforcement) and was honorably discharged from the USAR on 29 September 1981.

5.  On 12 January 1984, he enlisted in the Nebraska Army National Guard (NEARNG) and served until he was honorably discharged on 16 March 1987. 

6.  The applicant has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

7.  The EIB Scorecard presented by the applicant with his application shows no indication that he successfully completed the EIB testing or that the testing was for record.

8.  A review of his records failed to show orders for awards of the EIB, ARCOM, Leistungsabzeichender Bundeswehr from the FRG, or the FRG Schutzenschnur Marksmanship Badge (Bronze).  Additionally, there is no evidence of authorization to accept and wear the foreign decorations.

9.  A review of Army Regulation 672-5-1 (Military Awards) in effect at the time failed to show the German Army Sports Award as an authorized foreign award.  Additionally, there is no listing for an NCO Proficiency Badge or Ribbon listed as an authorized award.

10.  Army Regulation 635-5 (Separation Documents) provides that only decorations, medals, and ribbons contained in Army Regulation 600-8-22 are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  It also provides that only formal non-combat related courses that are at least 1 week (40 hours) in duration will be entered on the DD Form 214.  Additionally, only information contained in the individual’s official records that is in effect at the time of separation will be entered on the DD Form 214.  Subsequent events that occur outside the period covered by the D Form 214 are not authorized for entry on the DD Form 214.

11.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
12.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

13.  Army Regulation 600-8-22 states award of the EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.  Announcement in orders is required for award of the EIB.

14.  Army Regulation 600-8-22 states 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.

15.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon (NPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 1 August 1981, all Active Army, Army National Guard, and USAR Soldiers in an active status are eligible for this award for satisfactory completion of the respective NCO course.

16.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level



DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the TAMMS Course of 2 weeks in November 1978 and is entitled to have that course entered on his DD Form 214.

2.  He completed the Combat Arms PNCOC in 1979.  These NCO courses are primarily leadership courses, therefore, it would be appropriate to add it to his   DD Form 214.   However, the remainder of courses completed by the applicant occurred subsequent to the period covered by the DD Form 214 and thus are not authorized for entry on the DD Form 214.  Further, it appears that the 30-week 94B course in 1989 may have been a correspondence course.

3.  The applicant’s contention that he should have been awarded the EIB has been noted and appears to lack merit.  He has not provided sufficient evidence to show that he completed certification of an EIB test authorized to award the EIB.  Accordingly, there appears to be no basis to award him the EIB at this time or add it to his DD Form 214.

4.  The applicant has provided no evidence to show that he was awarded the ARCOM during the period of service in question; additionally, he did not serve during a qualifying period for award of the NDSM, therefore, there appears to be no basis to them it to his DD Form 214.

5.  The applicant’s contention that awards of the Leistungsabzeichender Bundeswehr from the FRG, the FRG Schutzenschnur Marksmanship Badge (Bronze), and the German Army Sports Award should be added to his DD Form 214 has been noted and appears to lack merit.  The German Army Sports Award is not an authorized award for entry on the DD Form 214 and the applicant has failed to provide evidence authorizing the other two awards.  Accordingly, there is no basis to add those awards to his DD Form 214 at this time.

6.  The applicant’s contention that the NCO Proficiency Badge/Ribbon should be added to his DD Form 214 has also been noted and appears to lack merit.  There is no such badge authorized in Army Regulation 600-8-22 and the applicant has not provided any evidence of eligibility for such a badge.

7.  However, the applicant may be referring to the Noncommissioned Officer Professional Development Ribbon.  Although this award was not established until 1981, the applicant was in an active status after 1981.  Therefore, it would be appropriate to add this award to his DD Form 214.



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 the TAMMS Course of 2 weeks in November 1978 and the PNCOC completed in March 1979 to item 14 of his DD Form 214, and by adding the 
Noncommissioned Officer Professional Development Ribbon to his DD Form 214.

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 adding awards of the EIB, ARCOM, NDSM, Leistungsabzeichender Bundeswehr from the FRG, the FRG Schutzenschnur Marksmanship Badge (Bronze), the German Army Sports Award, NCO Proficiency Badge, or courses completed subsequent to the period covered by the DD Form 214, to his DD Form 214.  



      _______ _ 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)                                         AR20130013400





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ABCMR Record of Proceedings (cont)                                         AR20130013400



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