IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080007419 


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 Honorable Discharge Certificate be corrected to show he was an E-4.  He also requests, in effect, that he be issued the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

2.  The applicant states that he was an E-4, not an E-3.  He also states that he should have received the above awards.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Honorable Discharge Certificate.

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 Regular Army on 24 June 1980.

3.  While in basic training, the applicant qualified as a marksman with the M-16 rifle and as a sharpshooter with the hand grenade.

4.  The applicant was advanced to Private First Class (PFC), E-3, on 1 February 1981.

5.  On 19 January 1982, the applicant received a local bar to reenlistment.

6.  The applicant’s DA Form 2-1 (Personnel Qualification Record, Part II), item  38 (Record of Assignments) shows he departed Fort Hood, TX, en route to Germany on 23 February 1982.

7.  The applicant’s DD Form 214 indicates he was promoted to Specialist Four (SP4), E-4, effective 1 March 1982.  His records do not contain the SP4 advancement document.

8.  The applicant arrived in Germany on or about 27 March 1982.  

9.  A Disposition Form, dated 4 November 1982, indicates the applicant’s bar to reenlistment was scheduled to be reviewed.  

10.  The applicant’s separation orders, dated 25 March 1983, show his rank as PFC.

11.  The applicant’s DA Form 2A (Personnel Qualification Record, Part I), dated  14 April 1983, shows his rank and grade as PFC, E-3, with a date of rank of         1 February 1981.  It also shows he was ineligible for reenlistment.

12.  Item 27 (Remarks) of his DA Form 2-1 shows the applicant was to receive a reentry (RE) code of 3 as he was not eligible for reenlistment.

13.  On 23 June 1983, the applicant was honorably released from active duty and transferred to the U. S. Army Reserve.  His DD Form 214 shows his rank and grade as SP4, E-4.  It shows he was awarded the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

14.  On 20 February 1986, the applicant apparently attempted to reenlist in the  U. S. Army Reserve.  The reenlistment contract was invalid, as he had signed all signature areas on the contract (i.e., the Service Representative Information and Enlistment/Reenlistment Officer Information areas).  He also indicated that his rank was PFC on this contract.

15.  Effective 23 June 1986, the applicant was honorably discharged from the   U. S. Army Reserve.  His discharge orders and his Honorable Discharge Certificate indicate his rank as PFC, E-3.

16.  On 23 January 2008, as a result of an ABCMR action, the applicant’s DD Form 214 was amended to add the Overseas Service Ribbon.  The applicant’s current application to the ABCMR is dated 22 March 2008.

17.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7, governed promotions at the time.  In pertinent part, it stated a Soldier was in a nonpromotable status if the Soldier was not qualified for reenlistment due to having a bar to reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  On 19 January 1982, the applicant received a local bar to reenlistment.  The evidence of record shows the bar to reenlistment was in effect at the time he separated from active duty in June 1983.  As a result, he was not eligible to be promoted to SP4, E-4 on 1 March 1982, and his records do not contain the SP4 advancement document.  It appears that his DD Form 214 erroneously reflects that he separated from active duty as a SP4, E-4, and should have reflected that he separated as a PFC, E-3.

2.  There is no evidence of record to show that the applicant was promoted to SP4, E-4, while he was in the U. S. Army Reserve.  Indeed, when he completed the U. S. Army Reserve reenlistment contract in February 1986, he indicated that his rank was PFC, E-3.  Therefore, it appears that his Honorable Discharge Certificate properly reflects his rank and grade as PFC.

3.  The applicant’s DD Form 214 was amended in January 2008 to add the Overseas Service Ribbon.  As a result of that correction, the applicant should have been issued the Overseas Service Ribbon.  His current ABCMR application is dated 22 March 2008, which may have been too soon after the records correction for him to have received this award.  If he does not receive it soon, he 

should contact the Army Review Boards Agency Support Division, St. Louis, 9700 Page Avenue, St. Louis, MO  63132-5200 to determine the status of his receiving this award.

4.  The applicant may have a valid issue concerning receipt of the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

5.  The marksmanship qualification badges were earned while the applicant was in basic training.  It is possible that his basic training unit never issued the badges to him before he departed.  

6.  It is also more likely than not that the Army Service Ribbon was never issued to the applicant.  This award was first established in August 1981.  The usual policy was that Soldiers already out of training would have had to buy the award themselves.  

7.  As an exception to the standard procedure of informing the applicant how to apply for, and buy, these awards on his own, it would be equitable to issue them to him now.

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 authorizing him issuance of the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade 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 correcting his Honorable Discharge Certificate to show his rank as Specialist Four. 




      _______ _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.



ABCMR Record of Proceedings (cont)                                         AR20080007419





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ABCMR Record of Proceedings (cont)                                         AR20080007419



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