IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080004649
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 that his DD Form 214 (Report of Separation from Active Duty) be amended to add the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and two letters of recommendation.
2. The applicant states that he was proud to have served his country. He would feel more honorable if all his honors were listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 16 June 1972. He completed basic combat training and advanced individual training and was awarded military occupational specialty 72B (Communications Center Specialist).
3. The applicant was honorably released from active duty on 1 June 1975 in the rank and grade of Specialist Four, E-4. His DD Form 214 shows he completed 2 years, 11 months, and 16 days of creditable active service and had 4 days of absence without leave (AWOL).
4. The applicants DD Form 214 shows he was awarded the National Defense Service Medal.
5. The applicants DA Form 20 (Enlisted Qualification Record) and his DA Form 2-1 (Personnel Qualification Record, which superseded the DA Form 20 around January 1973) show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. There are no orders in his records and these two documents do not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
6. There are no orders in the applicants records and his DA Form 2-1 does not show that he was awarded the Army Good Conduct Medal.
7. There are no letters of recommendation in the applicants records.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Army Good Conduct Medal to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
9. Army Regulation 600-8-22 states that disqualification for award of the Army Good Conduct Medal must be justified; however, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
10. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. This regulation provides that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. This badge should be added to his DD Form 214.
2. There is no evidence of record and the applicant provided none to show he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Therefore, there is no evidence on which to base adding this badge to his DD Form 214.
3. There is no evidence of record to show that the applicant was awarded the Army Good Conduct Medal. Although there is no evidence to show his commander took steps to disqualify him for award of the Army Good Conduct Medal, it is noted that the applicants DD Form 214 shows he had 4 days of lost time due to being AWOL. Therefore, there is insufficient evidence to show that he met the eligibility criteria of having distinguished himself by his conduct, efficiency, and fidelity for award of the Army Good Conduct Medal.
4. There are no letters of recommendation in the applicants records and he provided none. In any case, such documents are not authorized for recording on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ___xx___ __xx____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle 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 adding the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, or letters of recommendation to his DD Form 214.
_______ _xxxx______ ___
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.
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