RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20060016953 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk 

Member

Mr. John G. Heck

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 records to show award of the Army Commendation Medal, Army Service Ribbon, National Defense Service Ribbon [correctly known as the National Defense Service Medal], Expert Automatic Rifle Bar, Sharpshooter Machine Gun Bar, and the Marksman Grenade Bar.

2.  The applicant states that a clerical error resulted in the entries not being placed on his separation document.

3.  The applicant provides a letter from the National Personnel Records Center in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 26 February 1979, the date of his release from active duty.  The application submitted in this case is dated 22 November 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.  Records show that the applicant transferred from the United States Army Reserve (Control Group) and entered active duty on 5 March 1975.  He completed basic training and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  The highest grade that the applicant held on active duty was specialist pay/pay grade E-5.  The applicant transferred to the United States Army Reserve (Ready Reserve) on 20 November 1979.

4.  Headquarters VII Corps Permanent Orders Number 45-2, dated 10 April 1978, awarded the applicant the Army Commendation Medal for meritorious achievement during the period 15 August 1975 through 20 July 1978. 

5.  Block 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personal Qualification Record) shows the Expert Marksmanship Qualification Badge with Rifleman-M16 and Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  These Badges are not shown on his DD Form 214 (Report of Separation from Active Duty).

6.  The applicant's records show that he served 3 years, 7 months, and 1 day of foreign service while on active duty.

7.  There is no evidence that the applicant was awarded the National Defense Service Medal or the Army Service Ribbon.

8.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

9.  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.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  Orders show that the applicant was awarded the Army Commendation Medal. Therefore, his records should be amended to show this award.

2.  Evidence shows that the applicant earned the Expert Marksmanship Qualification Badge with Rifle-M16 and Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these qualification badges.

3.  The applicant contends he is entitled to award of the National Defense Service Medal and the Army Service Ribbon.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he served a qualifying period of service or otherwise met the criteria for award of the National Defense Service Medal or the Army Service Ribbon.  Therefore, there is no basis to amend the applicant's records as requested.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 February 1979; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
25 February 1982.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JLP___  _LDS___  __JGH____  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 award of the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifleman-M16 and Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar. 

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 National Defense Service Medal or the Army Service Ribbon.




___Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.