RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060010967 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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) with the ending period 25 October 1994 to show award of the Army Service Ribbon and the National Defense Service Medal.

2.  The applicant states, in effect, that the above awards are not reflected on his DD Form 214.

3.  The applicant provides the first page of his DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 25 October 1994.  The application submitted in this case is dated 25 July 2006.

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 1 July 1994 and did not successfully complete his initial entry training.  

4.  On 25 October 1994, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11.  He had completed 3 months and 25 days of creditable active service.  His character of service was listed as uncharacterized and the narrative reason for separation was listed as entry level performance and conduct.

5.  The applicant's DD Form 214 with the period ending 25 October 1994 shows he was awarded the Marksman Marksmanship Qualification Badge (M-16) and the Sharpshooter Marksmanship Qualification Badge (Hand Grenade).




6.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-1 erroneously shows award of the Army Service Ribbon.

7.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  

8.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry-level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  Unless the reason for separation requires a specific characterization, a Soldier will be awarded an uncharacterized description of service in an entry-level status

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant did not successfully complete his initial entry training.  Therefore, he is not eligible for award of the Army Service Ribbon. It is also noted that his DA Form 2-1 erroneously shows award of the Army Service Ribbon.  

2.  Army Regulation 600-8-22 states that the National Defense Service Medal is awarded for honorable active service.  Record shows that the applicant was separated from active duty service with an uncharacterized character of service.  Unfortunately, he is not eligible for award of the National Defense Service Medal.   
3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 October 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
24 October 1997.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MJT   _  __JGH __  ___DLL _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_____ Ms. Marla J. N. Troup __
            CHAIRPERSON




INDEX

CASE ID
AR20060010967
SUFFIX

RECON

DATE BOARDED
21 FEBRUARY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES         1.
107.0078.0000
2.
107.0069.0000
3.

4.

5.

6.