RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060012417 


	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.




	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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to reflect that he was awarded the Presidential Unit Citation and the Expert Marksmanship Qualification Badge with Pistol Bar.  He also requests, in effect, award of a unit citation that he alleges was awarded to his unit while he was stationed in Egypt.  He further requests that his overseas/foreign service be listed on his DD Form 214.

2.  The applicant essentially states that he deserves to have these actions documented correctly in his military records. 

3.  The applicant provides temporary duty (TDY) orders and flight itinerary information in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 18 October 1994, the date of his discharge from the United States Army Reserve (USAR) Control Group.  The application submitted in this case is dated 
22 August 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’s military records show that he enlisted in the Regular Army on 
16 October 1986.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator), which was later changed to MOS 88M.  He was then assigned to Fort Carson, Colorado.  On 15 October 1988, he was honorably released from active duty and transferred to the Army National Guard.  On 26 September 1991, he was discharged from the Army National Guard and transferred to the USAR Control Group.  On 18 October 1994, the applicant was discharged from the USAR Control Group.  


4.  The applicant requested that his DD Form 214 be corrected to reflect that he was awarded the Presidential Unit Citation, which is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  However, the applicant only served on active duty during peacetime.

5.  There is no evidence in the applicant’s military records, and the applicant did not provide any evidence which shows that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant also requested a unit citation that he alleges was awarded to his unit while he was stationed in Egypt.  However, he does not specify what his unit was while he was stationed in Egypt, or what unit award he was referring to.

7.  The applicant further requested that his overseas/foreign service be listed on his DD Form 214.  However, a DD Form 215 (Correction to DD Form 214), dated 27 September (no year listed) has already added his total of 1 month and 6 days of foreign and/or sea service to his 15 October 1988 DD Form 214.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to reflect that he was awarded the Presidential Unit Citation and the Expert Marksmanship Qualification Badge with Pistol Bar.  He also contends that he should be awarded a unit citation that he alleges was awarded to his unit while he was stationed in Egypt.  He further contends that his overseas/foreign service should be listed on his DD Form 214.

2.  While the Board does not doubt the veracity of the applicant’s claim that he was awarded the Presidential Unit Citation, this unit award is only awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 
7 December 1941.  As the applicant only served on active duty during peacetime, 
there is no possibility that he could have been awarded the Presidential Unit Citation.  Therefore, there is no basis for showing that the applicant was awarded the Presidential Unit Citation.  

3.  As there is no evidence in the applicant’s military records, and the applicant did not provide any evidence, which shows that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.  

4.  The fact that the applicant requested a unit citation that he alleges was awarded to his unit while he was stationed in Egypt was noted.  However, as the Board is not an investigative body, and he does not specify what his unit was while he was stationed in Egypt, or what unit award he was referring to, there is no basis for granting relief to this portion of the applicant’s request.

5.  As the applicant’s total foreign and/or sea service of 1 month and 6 days has already been added to his DD Form 214 by a previously issued DD Form 215, there is no basis for granting relief to this portion of the applicant’s request.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 October 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
17 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

___PS __  ___DH  __  __EM___  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.




_______Paul Smith_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012417
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0031.0000
2.
107.0108.0000
3.
107.0000.0000 (unknown unit award)
4.
110.0000.0000
5.

6.