IN THE CASE OF:	  

		BOARD DATE:	  21 August 2008 

		DOCKET NUMBER:  AR20080008453 


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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 be corrected.  

2.  The applicant states, in effect, that the Army Achievement Medal (AAM) and the Expert Marksmanship Qualification Badge with Rifle Bar instead of the Marksman Marksmanship Qualification Badge with Rifle Bar now listed should be entered in Item 13 of his DD Form 214. 

3.  The applicant provides an AAM Certificate, Awards Ceremony Photograph, Record Fire Scorecard (DA Form 3595-R), and DD Form 214 in support of his application. 

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's record shows that he enlisted in the Regular Army and entered active duty on 3 March 1988, and was trained in and awarded military occupational specialty (MOS) 92B (Medical Laboratory Specialist).  

3.  The applicant's Official Military Personnel File (OMPF) is void of orders, an award recommendation (DA Form 638), or any other documents that indicate he was ever recommended for or awarded the AAM by proper authority.  It is also void of any orders or other documents confirming he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  

4.  On 2 March 1992, the applicant was honorably released from active duty (REFRAD), in the rank of specialist (SPC), after completing 4 years of active duty service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards:  Army Good Conduct Medal; National Defense Service Medal; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; Overseas Service Ribbon, Parachutist Badge; Driver and Mechanic Badge with Driver-W Bar; Marksman Marksmanship Qualification Badge with Rifle Bar; and Army Lapel Button.  The applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD. 

5.  The applicant subsequently served in the Army National Guard (ARNG) from 3 March 1992 through 1 January 1994, at which time he received a general, under honorable conditions discharge (GD) and was transferred to the United States Army Reserve (USAR) to complete his remaining military service obligation.  The separation document (NGB Form 22) he was issued upon his discharge from the ARNG does not include the AAM in the list of awards contained in Item 15 (Decorations, Medals, Badges ...).  

6.  The applicant provides an AAM Certificate, dated 2 April 1990, which shows he was awarded the AAM for meritorious service during the period 24 March 1988 to 19 April 1990, and a photograph of his receiving a certificate.  He also provides a DA Form 3595-R, dated 29 March 1991, which shows he received a score of 36 and qualified as an expert during weapons firing.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

8.  Chapter 2 of the active duty separation documents regulation contains
item-by-item instructions for preparing the DD Form 214.  The instructions for Item 13 state to enter all awards earned during military service as recorded on the Personnel Qualification Record (PQR-ERB, DA Form 2-1) or by documents in the OMPF.  There are no provisions for adding awards not recorded on the PQR and/or absent orders authorizing and announcing the award on file in the OMPF. 

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the policies for the personnel management of enlisted personnel of the ARNG.  Table 8-2 contains instructions for the preparation of the NGB
Form 22.  The instructions for Item 15 state to enter all Federal awards as listed in Item 9 and all State awards from Item 27 of the DA Form 2-1.  This should include all awards earned by the Soldier at anytime during his military service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to include the AAM and Expert Marksmanship Qualification Badge with Rifle Bar was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to add awards to the DD Form 214 the award must be recorded on the PQR and/or there must be orders authorizing and announcing the award on file in the OMPF.  In this case, notwithstanding the certificate and score sheet provided by the applicant, there is no PQR entry or orders on file in the OMPF to support either of the awards in question.  Further, these awards were not listed on his DD Form 214, and the applicant authenticated this document with his signature on the date of his REFRAD.  In effect, his signature was his verification that the information contained on the DD Form 214, to include the list of awards, was correct at the time the document was prepared and issued.  

3.  Further, the applicant served in the ARNG through 1994 and the separation document he was issued upon his discharge from the ARNG also does not include the awards in question, and there is no indication that the applicant attempted to correct his record to add these awards in the almost two years he continued to serve between the time of his REFRAD and the date of his discharge from the ARNG.  Therefore, absent any orders or other documents on file in his OMPF to corroborate the information contained on the AAM certificate and qualification score sheet he provided, there is an insufficient evidentiary basis to support granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x  ___  ___x____  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.



      ________x______________
               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)                                         AR20080008453



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ABCMR Record of Proceedings (cont)                                         AR20080008453


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