IN THE CASE OF:
BOARD DATE: 10 June 2008
DOCKET NUMBER: AR20070018498
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his German Army Marksmanship Badge and his period of service during Operation Iraqi Freedom be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he has provided a certificate and orders to support his claim.
3. The applicant provides an award certificate for the German Army Marksmanship Badge (Schutzenschnur) in Gold and a copy of his DD Form 214. On his application, the applicant indicated that he had provided orders; however, they are not available.
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 applicants complete military records are not available to the Board. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 17 May 2000. He completed basic training and advanced individual training and was awarded military occupational specialty 19D (cavalry scout). He was assigned to Germany on 22 October 2000. He was promoted to specialist on 1 December 2001.
4. The applicant provided an award certificate, in German, which shows he was awarded the German Army Marksmanship Badge (Schutzenschnur) in Gold on 22 May 2002.
5. The applicants military pay records at the Defense Finance and Accounting Service (DFAS) show he served in a Combat Zone Tax Exemption (CZTE) area from 1 December 2000 to 30 June 2001 and 4 May 2003 to 21 September 2003.
6. The applicant was honorably released from active duty on 20 December 2003. His DD Form 214 shows the German Army Marksmanship Badge in Bronze as an authorized award.
7. Item 12f (Foreign Service) on his DD Form 214 shows he completed 3 years, 1 months, and 29 days of foreign service. Item 18 (Remarks) on his DD Form 214 shows he served in Kosovo from 6 December 2000 to 4 June 2003 and in Iraq from 1 May 2003 to 21 September 2003.
8. Table D-1 (Foreign Badges) of Army Regulation 600-8-22 (Military Awards) lists the German Army Marksmanship Badge. This badge is awarded in Bronze, Silver, and Gold.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 currently reflects the German Marksmanship Badge in Bronze. However, he completed the qualifications for award of the German Army Marksmanship Badge (Schutzenschnur) in Gold. Therefore, it would be appropriate to amend his DD Form 214 to show the German Army Marksmanship Badge (Schutzenschnur) in Gold.
2. The applicants DD Form 214 shows he served in Kosovo from 6 December 2000 to 4 June 2003 and in Iraq from 1 May 2003 to 21 September 2003. However, his military pay records at DFAS show he served in a CZTE area from 1 December 2000 to 30 June 2001 and from 4 May 2003 to 21 September 2003. It appears that the dates of service in both Kosovo and Iraq were erroneously entered on the applicants DD Form 214. Therefore, it would be appropriate to amend item 18 on the applicants DD Form 214 to show he served in Kosovo from 1 December 2000 to 30 June 2001 and Iraq from 4 May 2003 to 21 September 2003.
BOARD VOTE:
xx______ xx______ xx______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. deleting the German Army Marksmanship Badge in Bronze from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized);
b. deleting the entries SERVICE IN KOSOVO -- 20001206 to 20030604 and SERVICE IN IRAQ 20030501 TO 20030921 from item 18;
c. adding the German Army Marksmanship Badge in Gold to item 13; and
d. adding the entries SERVICE IN KOSOVO -- 20001201 to 20010630 and SERVICE IN IRAQ 20030504 TO 20030921 to item 18.
xxxxxx_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070018498
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