IN THE CASE OF:  	  

		BOARD DATE:  18 September 2014  	  

		DOCKET NUMBER:  AR20140002590 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show awards of the Combat Infantryman Badge (CIB), Parachutist Badge, Glider Badge, and Pathfinder Badge. 

2.  The applicant states he earned the CIB, Parachutist Badge, Glider Badge, and Pathfinder Badge, but they were omitted from his DD Form 214.

3.  The applicant provides a copy of orders transferring him to Korea, a certificate of completion of Jumpmaster training, a certificate of completion of the basic airborne course which qualified him as a parachutist and gliderman, and two photographs.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 14 June 1949 for a period of 3 years.  The certificates he provides show he completed parachutist and gliderman training at Fort Benning, Georgia and he completed the Jumpmaster course at Fort Campbell, Kentucky on 19 November 1951.

4.  The orders provided by the applicant show he was assigned to the 11th Airborne Division at Fort Campbell when he received orders transferring him to Korea with a proceed date of 19 May 1952.

5.  His DD Form 214 shows he served 4 months and 21 days of foreign service, that his military occupational specialty was that of a personnel clerk, and that he was awarded the Korean Service Medal with one bronze service star and the United Nations Service Medal.  He was honorably discharged on 11 November 1952 and had served 3 years, 4 months and 28 days of active service.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (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.  

7.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

8.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

9.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

10.  Army Regulation 600-8-22 states that, effective 3 May 1961, the Glider Badge is no longer awarded.  An individual who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge.  Further, it may be awarded retroactively upon application to the U.S. Army Human Resources Command when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

11.  Army Regulation 600-8-22 states award of the Pathfinder Badge requires successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School.  Any person previously awarded the Pathfinder Badge for completion of Pathfinder training is authorized award of the Pathfinder Badge.  The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show awards of the Parachutist and Glider Badges has been noted and found to have merit.  The applicant has provided a certificate showing he completed the prescribed training and those badges should be added to his DD Form 214 at this time.  

2.  The applicant also served during a qualifying period for awards of the NDSM and the ROKWSM.  Accordingly, he should be awarded those awards and they should be added to his DD Form 214.  

3.  The applicant’s contention that his DD Form 214 should be corrected by adding the awards of the CIB and Pathfinder Badge has also been noted and appears to lack merit.  The applicant has provided no evidence to show that he was awarded either of those badges or that he was qualified to receive them.  Therefore, in the absence of such evidence, there appears to be no basis to add them to his DD Form 214 at this time. 

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:

* Issuing him the NDSM and ROKWSM 
* Adding the awards of the NDSM, ROKWSM, Parachutist Badge, and Glider Badge 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 CIB and Pathfinder Badges 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)                                         AR20140002590





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ABCMR Record of Proceedings (cont)                                         AR20140002590



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