BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012601 


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 17 July 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) by:

* adding the Meritorious Service Medal (MSM) 
* amending the Bronze German Army Marksmanship Badge to show “Gold” vice “Bronze” 

2.  The applicant states the MSM he was awarded upon retirement was approved late and it was not included on his DD Form 214 and the German Army Marksmanship Badge entry on his DD Form 214 should be "Gold not Bronze." 

3.  The applicant provides an MSM certificate and extract of his DA Form 2-1 (Personnel Qualification Record) in support of his request.  

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 record shows he was honorably retired, by reason of permanent disability, on 17 July 2001.  The DD Form 214 he was issued at the time shows he held the rank of sergeant first class (SFC) and he had completed a total of 16 years, 3 months, and 21 days of active military service.  

3.  The DD Form 214 does not include the MSM in the earned awards listed; however, it does list the German Army Marksmanship Badge as Bronze.  

4.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-1 lists the German Firearms Qualification as Gold.  It does not include the MSM.  

5.  The applicant provides a certificate, dated 9 July 2001, that shows he was awarded the MSM for meritorious service during the period 1 September 1991 to 31 August 2001.  It also shows this award was authorized and announced in Headquarters, U.S. Army Recruiting Command Permanent Orders 190-35.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 by adding the MSM and amending the German Army Marksmanship Badge entry has been carefully considered and found to have merit.  

2.  The certificate provided by the applicant shows the applicant was awarded the MSM in conjunction with his retirement and that this award was authorized and announced in official orders.  Therefore, it is sufficiently compelling to support adding this award to his 17 July 2001 DD Form 214.  

3.  Further, the applicant’s DA Form 2-1 confirms his German Army Marksmanship Badge qualification was Gold and not Bronze as indicated in the DD Form 214 entry.  Therefore, it would be appropriate to correct this entry accordingly.  









BOARD VOTE:

___X__  ____X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 by deleting the Bronze German Army Marksmanship Badge entry and adding the:

* Meritorious Service Medal
* Gold German Army Marksmanship 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)                                         AR20120012601



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ABCMR Record of Proceedings (cont)                                         AR20120012601



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