RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 April 2008
DOCKET NUMBER: AR20070015032
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. Joe Schroeder
Member
Mr. Larry Racster
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his certified diesel mechanic certificate and to show that he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle and Machinegun Bars (M-16 Rifle and M-60 Machinegun).
2. The applicant states, in effect, that the certified diesel mechanic certificate and the Sharpshooter Marksman Qualification Badge, with Rifle and Machinegun Bars are not shown on his DD Form 214.
3. The applicant provides no additional documentation in support of his request.
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 applicants 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 applicants 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 record shows he enlisted in the Regular Army on 5 January 1981. He was trained as a Construction Equipment Repairman, in military occupational specialty (MOS) 62B10. He was promoted to SP4/E-4 effective 4 October 1982. He served until he was honorably discharged on 24 December 1984.
3. The applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge, with Hand grenade Bar. His DD Form 214 does not show any additional awards.
4. There is no evidence in the available service personnel records, and the applicant has provided none, to show that he was issued or awarded a certified diesel mechanic certificate.
5. Item 9 (Awards, Decorations & Campaigns), of the applicant's DA Form 2-1 (Personnel Qualification Record Part II), shows that he was awarded the Army Service Ribbon.
6. There is no evidence in the available records to show that the applicant qualified as sharpshooter with the M-16 Rifle and the M-60 Machinegun as he alleges.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part that item 13 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence available to the Board, and the applicant has provided none to show that he was issued or awarded a certified diesel mechanic certificate. In accordance with the governing regulation, certificates of achievement and training and similar documents are not recorded on the DD Form 214.
2. There is no evidence, and the applicant has provided none, to show that he attained the level of sharpshooter in marksmanship and was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle and Machinegun Bars. Therefore, he is not entitled to correction of his DD Form 214 to show these qualification badges.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JRS___ __e_____ __LMR__ 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.
_____Lester Echols_____
CHAIRPERSON
INDEX
CASE ID
AR20070015032
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080401
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19841212
DISCHARGE AUTHORITY
AR 635-200, chap 4
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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