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ARMY | BCMR | CY2003 | 2003088715C070403
Original file (2003088715C070403.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 December 2003
         DOCKET NUMBER: AR2003088715


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Mr. Patrick H. McGann Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, 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 two awards of the Army Achievement Medal, the Multinational Force and Observers Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Air Assault Badge.

2. The applicant states, in effect, that these awards were issued close to his expiration term of service and were not included on his DD Form 214.

3. The applicant provides a copy of his DD Form 214; two award certificates for the Army Achievement Medal; a certificate from the Multinational Force and Observers; DA Form 3595 (Record Fire Scorecard), dated 10 June 1992; orders for the Air Assault Badge; a completion certificate for the Air Assault School; reassignment orders; and discharge orders from the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 10 July 1993. The application submitted in this case is dated 6 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant enlisted on 11 July 1989 for a period of 3 years. He served as a voice interceptor and was honorably released from active duty on 10 July 1993.

4. The applicant's DD Form 214 shows the Good Conduct Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Army Lapel Button, and the National Defense Service Medal as authorized awards.

5. The applicant provided an award certificate for the Army Achievement Medal, dated 30 June 1993, for meritorious achievement during the period 23 July 1992 to 15 January 1993. This award was published by Permanent Orders #16-52, Headquarters, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Air Assault).



6. The applicant provided an award certificate for the Army Achievement Medal, dated 21 June 1993, for meritorious service for the period 26 September 1991 to 11 July 1993. This award was published by Permanent Orders #15-01, 311th Military Intelligence Battalion.

7. The applicant provided a certificate which shows that he served with the Multinational Force and Observers from 23 July 1992 to 15 January 1993.

8. The applicant provided a DA Form 3595, dated 10 June 1992, which shows that his qualification scores were rated expert on the rifle range.

9. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders 311-048, dated 7 November 1991, show the applicant received the Air Assault Badge.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Multinational Force and Observers (MFO) Medal which was accepted by the President on 28 July 1982. To qualify for the award, personnel must have served with the MFO at least 90 days cumulative after 3 August 1981. Effective 15 March 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.

11. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1. Evidence of record shows the applicant was awarded two awards of the Army Achievement Medal.

2. The applicant served a period of qualifying service (177 days) with the Multinational Force Observers for award of the Multinational Force and Observers Medal.

3. Evidence of record shows the applicant was rated expert on the rifle range (presumably with the M-16, the soldier's primary assigned weapon) on
10 June 1992 which entitles him to award of the Expert Qualification Badge with Rifle Bar.



4. Orders show the applicant is entitled to award of the Air Assault Badge.

BOARD VOTE:

FNE____ MHM____ PHM____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded two awards of the Army Achievement Medal, the Multinational Force and Observers Medal, the Expert Qualification Badge with Rifle Bar, and the Air Assault Badge.





                  __Fred N. Eichorn_____
                  CHAIRPERSON





INDEX

CASE ID AR2003088715
SUFFIX
RECON
DATE BOARDED 20031202
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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