RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010782 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 Presidential Unit Citation (PUC) and Marksmanship Badges.

2.  The applicant states, in effect, that due to administrative oversight, these awards were left off his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant did not provide any documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 20 December 1991.  He completed basic combat training at Fort Jackson, South Carolina, and was assigned to the 441st Transportation Company, Houston, Texas, on 6 August 1992.  His records further show that he enlisted in the Regular Army on 10 June 1993 for a period of 3 years.  He completed advanced individual training and was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).  He was assigned to the Supply and Transport (S&T) Troop, Support Squadron, 3rd Armored Cavalry Regiment (ACR), Fort Bliss, Texas, on 13 October 1993.

3.  The applicant's records reveal a disciplinary history which includes his acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for on or about 7 March 1994, failing to be at his appointed place of duty.  His punishment consisted of 7 days of extra duty and 7 days of restriction.

4.  On 18 March 1994, the applicant's immediate commander formally counseled him and initiated a Bar to Reenlistment Certificate citing his misconduct by having continuous indebtedness, reluctance to pay debts, and late payments.  The immediate commander furnished the applicant a copy of the bar certificate.  The approval authority approved the bar to reenlistment on 5 April 1994.

5.  On 11 April 1994, the applicant submitted a DA Form 4187 (Personnel Action) to his immediate commander requesting discharge in accordance with paragraph 16-5b of Army Regulation 635-200 (Personnel Separation).  The applicant stated on the DA Form 4187 that he did not feel he was able to overcome the bar to reenlistment and acknowledged that once separated, he would not be able to reenlist at a later date.

6.  On 18 April 1994, the separation authority approved the request for separation and ordered the applicant be issued an honorable discharge.  On 5 May 1994, the applicant was discharged from active duty under the provisions of paragraph 16-5b of Army Regulation 635-200 by reason of bar to reenlistment. The DD Form 214 he was issued shows he completed 10 months and 26 days of creditable service. 

7.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the National Defense Service Medal and the Army Service Ribbon.  Item 9 does not list the Presidential Unit Citation or any Marksmanship Qualification Badges.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Army Service Ribbon.  Item 13 does not show award of the Presidential Unit Citation or any Marksmanship Qualification Badges.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

10.  Chapter 8 of Army Regulation 600-8-22 governs the criteria and policy to award badges.  It states in pertinent part that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes. Expert, Sharpshooter, and Marksman.  Permanent Orders are not required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.

11.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Block 13 lists awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.  Entries in block 13 will begin directly under the block number, flush with the left border, separated by two slash marks “//.” Following the last entry, after the slash marks, add the phrase “nothing follows.”  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Presidential Unit Citation and Marksmanship Badges.

2.  There is no evidence that either the 441st Transportation Company or the S&T Troop, Support Squadron, 3rd ACR, were awarded the Presidential Unit Citation during the applicant's service with either unit.  Therefore, he is not entitled to this award.

3.  There are no general orders in the applicant's records to show that he was awarded any qualification badges.  The applicant's DA Form 2-1 does not list qualification in any marksmanship badges.  Therefore, the applicant is not entitled to this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__js____  __mjnt__  __tmr___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

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.




							John Slone
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010782
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.