RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080001193 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 items 4a (Grade, Rate or Rank) and 
4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 March 1984 be corrected to show corporal/pay grade E-4; that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) be corrected to show military occupational specialty (MOS) 64C (motor transport operator); and that item 14 (Military Education) be corrected to show he completed the Military Police Course in 1982.  He also requests that two awards of the Army Achievement Medal, the Good Conduct Medal, the Noncommissioned Officers Professional Development Ribbon, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar be added to this DD Form 214.       

2.  The applicant states that he was an E-4 when he left the Army Reserve and that he was promoted to E-4/corporal in the 257th Transport Unit in Las Vegas, Nevada.  He also contends that he received the above mentioned awards, that he completed Military Police school in 1982, and that he was awarded MOS 64C.

3.  The applicant provides a service school diploma for the Military Police Class, dated 20 July 1982.

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 enlisted in the U.S. Army Reserve (USAR) on 8 February 1982 for a period of 6 years.  He enlisted in the Regular Army on 2 March 1982 for a period of 2 years for training in MOS 95B.  

3.  On 1 July 1982, the applicant was administratively reclassified from Phase II, One Station Training (MOS 95B) into a new MOS.  His unit commander cited that the applicant failed to display the acceptable standards of conduct and the maturity level or self-discipline necessary to become a military police.  The applicant successfully completed advanced individual training in MOS 54E (nuclear biological chemical (NBC) operations specialist) and was awarded primary MOS 54E effective 10 November 1982.  He was promoted to private first class effective 1 March 1983.  

4.  A bar to reenlistment was imposed against the applicant on 6 May 1983.  

5.  On 6 March 1984, the applicant was released from active duty in the rank of private first class and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. 

6.  Item 4a on the applicant’s DD Form 214 for the period ending 6 March 1984 shows the entry, “PFC [private first class].”  Item 4b on this DD Form 214 shows the entry, “E3.”  Item 11 on this DD Form 214 shows the entry, “P54E1O NBC SP [specialist] 01 yrs 03 mos.”  Item 14 on this DD Form 214 shows he completed a 9-week Nuclear course in November 1982.  This DD Form 214 shows the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar as authorized awards.  

7.  Item 4 (Assignment Consideration) on the applicant’s DA Form 2-1 (Personnel Qualification Record) indicates that he was not recommended for further service. 
Item 21 (Time Lost) on his DA Form 2-1 shows he had 10 days of lost time due to being confined by civilian authorities from 6 August 1982 to 15 August 1982. 

8.  There are no orders for the Army Achievement Medal or the Good Conduct Medal in the available record.

9.  There is no evidence of record which shows the applicant completed a designated noncommissioned officer professional development course.

10.  There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the available record.

11.  On 11 February 1985, the applicant was released from the USAR Control Group (Annual Training) and reassigned to the 257th Transportation Company in Las Vegas, Nevada.  He was promoted to specialist four effective 29 April 1985 in MOS 64C.  On 2 May 1989, the applicant was honorably discharged from the Ready Reserve.   

12.  The applicant enlisted in the Army National Guard on 31 August 1994 for a period of 1 year in pay grade E-3.  On 30 August 1995, he was honorably discharged from the Army National Guard and as a Reserve of the Army. 

13.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation, in effect at the time, provided in pertinent part, that MOS codes, titles, years, and months would be entered in item 11.  The regulation also states, in pertinent part, that item 14 will list in-service training courses; title, number of weeks, year successfully completed during this period of service.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Paragraph 4-8 of this regulation states that individuals whose retention is not warranted are not eligible for award of the Good Conduct Medal.  

16.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses.

17.  Army Regulation 600-8-22 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.  

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  Since the applicant was promoted to E-4 in the USAR in MOS 64C on 29 April 1985, one year after his release from active duty, there is no basis for amending items 4a, 4b, and 11 on his DD Form 214 for the period ending 6 March 1984 to show his rank as corporal/E-4 or his MOS as 64C.

2.  Although the applicant provided a service school diploma which shows he completed the Military Police (95B) One-Station Unit Training Class on 20 July 1982, evidence of record shows he was administratively reclassified from Phase II of this course into a new MOS on 1 July 1982.  As a matter of administrative expediency, service school diplomas are usually prepared and handed out well before the class graduation date.  They are to be returned by Soldiers who have failed to graduate; however, circumstances often prevent strict enforcement of this procedure.  Possession of a diploma is not evidence of successful completion of a service school.  Therefore, there is no basis for amending item 14 on his DD Form 214 for the period ending 6 March 1984.  

3.  There are no orders for the Army Achievement Medal in the available record. Therefore, there is insufficient evidence on which to base any award of the Army Achievement Medal in this case.  

4.  There are no orders for the Good Conduct Medal in the available records.  The applicant's military records show he was not recommended for further service, which is a disqualifying factor for award of the Good Conduct Medal.  Therefore, the applicant did not meet the eligibility criteria for award of the Good Conduct Medal during the period 2 March 1982 to 6 March 1984.  

5.  There is no evidence that the applicant completed a designated noncommissioned officer professional development course prior to his release from active duty on 6 March 1984.  Therefore, there is insufficient evidence on which to base award of the Noncommissioned Officer Professional Development Ribbon in this case.

6.  The applicant did not serve a period of qualifying active service for award of the National Defense Service Medal during the period covered by the DD Form 214 for the period ending 6 March 1984. 

7.  There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the applicant’s service personnel records.  Therefore, there is insufficient evidence on which to amend his DD Form 214 for the period ending 
6 March 1984 to show this badge.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

XX_____  ___XX__  __XX____  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.




                 ____XXX____
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001193


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508