Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088791C070403
Original file (2003088791C070403.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003088791


         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. Arthur A. Omartian Chairperson
Mr. Lester Echols Member
Ms. Yolanda Maldonado 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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Lapel Button, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, two awards of the Army Achievement Medal, and five certificates of achievement. He also requests that item 14 (Military Education) be corrected to show completion of the Combat Lifesaver/Emergency Lifesaver Course.

2. The applicant states that item 13 on his DD Form 214 does not show all of the awards he received while on active duty.

3. The applicant provides a copy of his DD Form 214; two DA Forms 638 (Recommendation for Award) and award certificates for award of the Army Achievement Medal; five certificates of achievement; and a certificate of completion for the Emergency Lifesaver Course.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted on 12 August 1997 for a period of 3 years. He was awarded and served in military occupational specialty 92R (parachute rigger).

2. The applicant provided a certificate which shows he completed the Emergency Lifesaver Course at the Fayetteville Technical Community College on 9 April 1999.

3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he qualified "expert" with the grenade on 16 March 2000.

4. DA Form 638, dated 26 March 2001, shows the applicant received the Army Achievement Medal for meritorious achievement for the period 16 January 2001 to 24 January 2001.

5. DA Form 638, dated 4 April 2001, shows the applicant received the Army Achievement Medal for meritorious achievement for the period 15 March 2001 to 30 March 2001.

6. The applicant provided five certificates of achievement relating to physical fitness activities.

7. On 2 August 2002, the applicant was discharged under honorable conditions (a general discharge) for misconduct.

8. The applicant's DD Form 214 shows the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, and the Parachute Rigger Badge as authorized awards.

9. There is no evidence in the applicant's service personnel records which shows that he qualified "sharpshooter" with the automatic rifle.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and two of the eligibility requirements include soldiers transitioning with an honorable characterization of service and a non-adverse separation provision.

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.

12. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

13. Army Regulation 635-5 provides that item 14 will list formal in-service
(full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. Evidence of record shows the applicant was discharged under honorable conditions (a general discharge) for misconduct. Therefore, the applicant did not meet the eligibility requirements for the Army Lapel Button.

2. The applicant qualified "expert" with the grenade which entitles him to award of the Expert Marksmanship Qualification Badge with Grenade Bar.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he qualified "sharpshooter" with the automatic rifle. Therefore, there is insufficient evidence on which to base award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in this case.


4. The applicant received two awards of the Army Achievement Medal.

5. Certificates of achievement are not recorded on the DD Form 214.

6. Evidence of record shows the applicant completed the Emergency Lifesaver Course at a community college. There is no evidence that this course was a formal military in-service training course. Therefore, there is no basis for amending item 14 on the applicant's DD Form 214 to show this course.

BOARD VOTE:

AAO____ LE_____ YM______ GRANT 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 awarding him the Expert Marksmanship Qualification Badge with Grenade Bar and two awards of the Army Achievement Medal.

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 award of the Army Lapel Button and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and correction of his DD Form 214 to show five certificates of achievement and completion of the Emergency Lifesaver Course.





                  _Arthur A. Omartian___
                  CHAIRPERSON





INDEX

CASE ID AR2003088791
SUFFIX
RECON
DATE BOARDED 20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 100.0700
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110009633

    Original file (20110009633.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Driver and Mechanic Badge, Combat Lifesaver Training, Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars. He recently located orders for his "Driver's Badge with Wheeled Device" and training records showing his training as a Combat Lifesaver. His DD Form 214 should be corrected to show...

  • ARMY | BCMR | CY2014 | 20140002480

    Original file (20140002480.txt) Auto-classification: Approved

    The applicant requests the Army Achievement Medal, Jungle Warfare Training, Combat Lifesavers Course, Armorer's Course, and the Army Commendation Medal be added to his DD Form 214. The applicant provided the front page of a DA Form 638 that appears to have been issued in Permanent Order Number 6-11 awarding him the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 7 November 1995 DD...

  • ARMY | BCMR | CY2003 | 2003088732C070403

    Original file (2003088732C070403.rtf) Auto-classification: Approved

    The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8...

  • ARMY | BCMR | CY2013 | 20130012490

    Original file (20130012490.txt) Auto-classification: Approved

    Item 12a (Date Entered Active Duty This Period) he entered active duty on 10 June 2000 instead of 15 August 2000; c. Item 12c (Net Active Service This Period) he completed 11 months of active duty instead of 8 months and 27 days of active duty; d. Item 12h (Effective Date of Pay Grade) his date of rank to CPT as 10 April 2000 instead of 30 July 1996; and e. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the: (1)...

  • ARMY | BCMR | CY2009 | 20090007509

    Original file (20090007509.txt) Auto-classification: Approved

    The applicant provides his DD Form 214, dated 18 May 1998; two DD Forms 215 (Correction to DD Form 214); four certificates for completion of military training courses; four certificates for award of the Army Achievement Medal; two DA Forms 638-1 (Recommendation for Award); and orders for award of the Expert Infantry Badge (Silver). The available service record provides the following evidence concerning awards that should be included on the 1998 DD Form 214. a. For enlisted Soldiers with...

  • ARMY | BCMR | CY2005 | 20050000206C070206

    Original file (20050000206C070206.doc) Auto-classification: Approved

    There are no orders in the applicant's personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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: a. by amending his DD Form 214 to show award of the Master Parachutist Badge; and b....

  • ARMY | BCMR | CY2012 | 20120020307

    Original file (20120020307.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Soldier's Medal (SM) * Military Outstanding Volunteer Service Medal (MOVSM) * Expert Marksmanship Qualification Badge with Rifle, Bayonet and Rocket Launcher Bars * Expert Infantryman Badge * Air Assault Badge * Air Assault Course completion 2. A DA Form 87, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR), dated 6 June 1995, shows...

  • ARMY | BCMR | CY2013 | 20130016920

    Original file (20130016920.txt) Auto-classification: Approved

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

  • ARMY | BCMR | CY2010 | 20100012729

    Original file (20100012729.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. There is no evidence in the available record, nor has the applicant submitted any evidence, to show that he was awarded the Army Achievement Medal Therefore, this award should not be included on his DD Form 214. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2008 | 20080002789

    Original file (20080002789.txt) Auto-classification: Approved

    The applicant requests, in effect that his record be corrected to show award of the Air Assault Badge. Therefore, his records should be corrected to show award of the Air Assault Badge. Records show the applicant completed the formal Combat Lifesaver Training Course.