RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050016373


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      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 he was separated from active
duty in pay grade E-4.  He also requests correction of his DD Form 214 to
show the Army Good Conduct Medal and several Expert Marksmanship
Qualification Badges.

2.  The applicant states he should have been discharged as an E-4.  He
states that the Expert Marksmanship Qualification Badge with Rifle Bar is
listed on his DD Form 214, but the Expert Marksmanship Qualification Badge
with M203 Grenade Launcher Bar, the Law Missile Bar, the Dragon Missile
Bar, and the Tow Missile Bar are not listed.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 24 June 1983.  The application submitted in this case is dated 1
November 2005.

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 limitations 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 in the Regular Army on 25 June 1980 for a period
of 2 years.  He later extended his term of enlistment for a period of 12
months.  He completed the required training and was awarded military
occupational specialty 19D (Cavalry Scout).  He was advanced to private
first class (PFC) on an unknown date.

4.  On 29 September 1981, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for being derelict in
the performance of his duties in that he negligently failed to remain awake
while on guard duty.  His punishment consisted of a reduction to private E-
2 and extra duty for 14 days.

5.  Department of the Army, Headquarters, Fort Carson and Headquarters,
4th Infantry Division Permanent Orders Number 120-51 dated 28 June 1982
awarded the applicant the first award of the Army Good Conduct Medal for
the period 25 June 1980 to date of separation on or about 24 June 1982.

6.  The applicant was promoted to specialist four (SP4) on 1 October 1982.

7.  There is no evidence of record which shows the applicant qualified as
Expert with the M203 Grenade Launcher.  There are no orders which show he
was awarded the Expert Marksmanship Qualification Badge with M203 Grenade
Launcher Bar, the Law Missile Bar, the Dragon Missile Bar, and the Tow
Missile Bar.

8.  On 21 December 1982, the applicant accepted nonjudicial punishment
under Article 15 for failing to go to his appointed place of duty on two
separate occasions.  His punishment consisted of a reduction to E-3,
suspended until 21 March 1983; a forfeiture of $100.00 pay; and extra duty
for 14 days.

9.  The suspension of the applicant's punishment of reduction to E-3 was
vacated on 10 January 1983.

10.  Department of the Army, Headquarters, Fort Carson and Headquarters,
4th Infantry Division Orders Number 109-401 dated 3 June 1983 released the
applicant from active duty on 24 June 1983 and reassigned him to the U.S.
Army Reserve Control Group (Reinforcement).  On the standard name line, his
rank is shown as "SP4."

11.  Department of the Army, Headquarters, Fort Carson and Headquarters,
4th Infantry Division Orders Number 124-79 dated 24 June 1983 amended the
standard name line on Orders Number 109-401 dated 3 June 1983 to show the
applicant's rank as "PFC."

12.  The applicant's personnel records contain two DD Forms 214 for the
period ending 24 June 1983, one Service-2 Copy and one Member-1 Copy.

13.  The applicant's DD Form 214 (Service-2 Copy) shows the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16) and the Army Service
Ribbon as authorized awards.

14.  The applicant's DD Form 214 (Member-1 Copy) shows the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16), the Army Service
Ribbon, and the Army Good Conduct Medal as authorized awards.

15.  The applicant's DD Form 214 (Service-2 Copy) shows his rank as PFC in
item 4a (Grade, Rate or Rank) and his pay grade as E-3 in item 4b (Pay
Grade). The effective date of pay grade is shown as 10 January 1983.

16.  The applicant's DD Form 214 (Member-1 Copy) shows his rank as SP4 in
item 4a and his pay grade as E-4 in item 4b.  The effective date of pay
grade is shown as 1 October 1982.

17.  There are no orders in the applicant's service personnel records which
show he was promoted back to SP4, E-4 prior to his release from active duty
on 24 June 1983.

18.  Department of the Army, U.S. Army Reserve Personnel Center Orders
Number D-06-041390 dated 18 June 1986 discharged the applicant from the
Ready Reserve in the rank of PFC.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

20.  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.  The applicant was promoted to SP4 on 1 October 1982.

2.  The evidence of record shows the applicant was reduced to pay grade E-3
with an effective date of 10 January 1983 as a result of punishment under
Article 15.

3.  Orders published on 3 June 1983 show the applicant was released from
active duty on 24 June 1983 in the rank of SP4.  However, these orders were
later amended which changed his rank to PFC.

4.  There is no evidence of record which shows the applicant was promoted
back to SP4 prior to his release from active duty.  His DD Form 214 is
meant to reflect his status as of his last day of active duty on 24 June
1983.  As of that date, he was a PFC, E-3.

5.  Although the applicant's records contain two DD Forms 214 for the
period ending 24 June 1983, his DD Form 214 (Service-2) properly reflects
his rank and pay grade as PFC, E-3.

6.  Orders show the applicant was awarded the Army Good Conduct Medal.
Even though these orders should have been revoked after he extended his
enlistment, his DD Form 214 should be amended to show the Army Good Conduct
Medal.

7.  The applicant's DD Form 214 reflects the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16).  There is no evidence of record
which shows the applicant qualified as Expert with the M203 Grenade
Launcher, the Law Missile, the Dragon Missile or the Tow Missile.  There
are no orders which show he was awarded any additional Expert Marksmanship
Qualification Badges.  Therefore, there is insufficient evidence to base
correction of his DD Form 214 to show additional Expert Marksmanship
Badges.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 June 1983; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 June 1986.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS______  CD______  JM______  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 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 he was awarded
the Army Good Conduct 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
showing he was separated in pay grade E-4 and awarded several Expert
Marksmanship Qualification Badges.




                            John Slone____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016373                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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