IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016443 


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 he received the Special Forces (SF) Tab and the Special Operations Divers Badge (formerly known as the Scuba Diver Qualification Badge).

2.  He states these awards were created after he was discharged from active duty service.  

3.  He provides the following evidence to support his application:

* Permanent Orders 103-2, dated 2 July 1980 
* Orders 66-13, dated 5 April 1978
* DD Form 214

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.  On 26 January 1976, the applicant enlisted in the Regular Army.  After initial entry training, he was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  Orders 66-13 issued by Headquarters Command, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC dated 5 April 1978, shows he was awarded SF special qualification identifier "S."

4.  On 13 April 1978, he graduated from the 16-week SF Qualification Course Number 501-78 held at the U.S. Army Institute for Military Assistance, Fort Bragg, NC.

5.  Permanent Orders 103-2 issued by Headquarters Command, XVIII Airborne Corps and Fort Bragg, Fort Bragg NC, dated 2 July 1980, shows he was awarded the Scuba Diver Qualification Badge on 9 May 1980.

6.  On 8 October 1982, he was honorably discharged from active duty service and transferred the U.S. Army Reserve.

7.  His DD Form 214 shows in: 

* item 7 (Last Duty Assignment and Major Command) Company C, 1st Battalion, 7th SF Group

* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) 11B3S Infantryman 6 years and 4 months and 11C3J Indirect Fire Infantryman 1 year and 8 months

   * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) 

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Infantryman Badge
* Army Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Master Parachute Badge
* Ranger Tab
* Pathfinder Badge
* Scuba Diver Qualification Badge
8.  Army Regulation 600-8-22 (Military Awards) states the SF Tab may be awarded to any person in the Active Army or an active Reserve status who meets the appropriate criteria listed below: 
   
   a.  Successful completion of the SF Qualification Course or the SF Officer Course. 

   b.  Active Army personnel. Successful completion of the Resident SF Qualification Course, the Special Forces Officer Course, or the then approved program of instruction for SF qualification in SF training groups, and who were subsequently awarded by competent authority the special qualification identifier (SQI) "S" or 3 (Officer Personnel), MOS in Career Management Field 18, or Functional Area 18. 

9.  In order to be awarded the SF Tab, the Soldier must complete either the SF Qualification Course, or the SF Detachment Officer Qualification Course (formerly known as the SF Officer Course) at the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, North Carolina (previously known as the U.S. Army Institute for Military Assistance).  The SF Tab was created in 1983.  At the time of its creation, the SF Tab was retroactively awarded to any Army Soldiers previously SF qualified.
 
10.  Army Regulation 600-8-22 (Military Awards). There are five types of diver badges authorized for award based on meeting the specified badge criteria.  They are as follows: 
 
* Master Diver Badge
* First-Class Diver Badge
* Salvage Diver Badge
* Second-Class Diver Badge
* Scuba Diver Badge

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the 16-week SF Qualification Course in 1978 and was awarded MOS 11B3S on 13 April 1978.  His record shows he performed duties as an SF Soldier while assigned to Company C, 1st Battalion, 7th SF Group.  

2.  The preponderance of evidence supports his contention that he is entitled to the SF Tab.  Therefore, it would be appropriate to add the SF Tab to his DD Form 214.
3.  He contends he is entitled to the Special Operations Divers Badge, formerly known as the Scuba Diver Qualification Badge, which is properly listed on his DD Form 214; therefore, no correction is required.  

4.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 amending the applicant's DD Form 214 with a separation date of 8 October 1982 to add to item 13 the Special Forces Tab.

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 the Special Operations Divers Badge.



      ____________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)                                         AR20120010805



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ABCMR Record of Proceedings (cont)                                         AR20140016443



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