IN THE CASE OF:	  

		BOARD DATE:	        18 December 2008

		DOCKET NUMBER:  AR20080008906 


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 29 September 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by removing the designation of award of a gold ring on his Recruiter Badge.

2.  The applicant states he was not awarded a gold ring and it should be removed from his record.  He needs to have the record corrected to protect his integrity as a 100 percent disabled American veteran.  

3.  The applicant provides no supporting documentation.

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 for a period of three years and entered active duty on 14 February 1967.  He was honorably released from active duty on 13 February 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.

3.  The DD Form 214 issued at this time lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the "Vietnam Campaign Medal w/Device," and the "Expert Rifle."

4.  A 1 August 1990 DD Form 215 (Correction to DD Form 214) deleted the Vietnam Campaign Medal w/Device and the Expert Rifle.  It also added the Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Carbine Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number
01-1009704, dated 17 January 1973, honorably discharged the applicant from the USAR Control Group (Standby Reserve) effective 1 February 1973, by reason of expiration of term of service.

6.  The applicant enlisted in the Massachusetts Army National Guard on
13 October 1989 and was honorably discharged on 27 March 1990 and transferred to a USAR unit.

7.  The applicant subsequently accepted an Active Guard Reserve (AGR) position on 7 September 1990. 

8.  Department of the Army, U.S. Army Recruiting Battalion, Brunswick, Topsham, Maine, Memorandum, Subject:  Announcement of Recruiter Incentive Award, awarded the applicant the Gold Recruiter Badge with Three Sapphire Achievement Stars for honorable service during his tour of duty with the U.S. Army Recruiting Command.

9.  The applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 29 September 1995.

10.  His 29 September 1995 DD Form 214 lists his awards as the Army Commendation Medal, the Army Achievement Medal with one Oak Leaf Cluster, the Good Conduct Medal (2nd Award), the National Defense Service Medal with one bronze service star, the Vietnam Service Medal with three bronze service stars, the Army Service Ribbon, the Noncommissioned Officers Professional Development Ribbon with Numeral 2, the Overseas Service Ribbon, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16),  the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), the Driver and Mechanic Badge with Driver-W Bar, and the Army Gold Recruiter Badge with Three Sapphire Achievement Stars and Gold Ring.

11.  The applicant's DA Form 2-1 (Personnel Qualification Record) lists his awards as the Army Commendation Medal, the Army Achievement Medal with one Oak Leaf Cluster, the Good Conduct Medal (2nd Award), the National Defense Service Medal with one bronze service star, the Vietnam Service Medal with three bronze service stars, the Army Service Ribbon, the Noncommissioned Officers Professional Development Ribbon with Numeral 2, the Overseas Service Ribbon, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), the Driver and Mechanic Badge with Driver-W Bar, the Army Gold Recruiter Badge with three sapphire achievement stars. 

12.  Army Regulation 600-8-22 (Military Awards), provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  Paragraph 8-43 (U.S. Army recruiter identification badges) states, in pertinent part, that the U.S. Army Basic Recruiter Badge is authorized for wear by military personnel, Active Army and Reserve Component, assigned or attached to the U.S. Army Recruiting Command (USAREC).  The U.S. Army Gold Recruiter Badge is authorized for wear by eligible personnel meeting the criteria established by the Commanding General (CG), USAREC.  One, two, or three sapphire achievement stars may be awarded to eligible personnel meeting the criteria established for each achievement star by the CG, USAREC.  These stars will be affixed to the basic badge.  Authority for permanent wear of the Gold Recruiter Badge with sapphire achievement stars for eligible personnel as a permanent part of the uniform will be announced by memorandum issued by recruiting battalion commander as authorized by the CG, USAREC.


DISCUSSION AND CONCLUSIONS:

The Army awards regulation contains no reference to a "Gold Ring" as a part of the award of the Army Gold Recruiter Badge.  Therefore, the applicant's 29 September 1995 DD Form 214 should be corrected to remove this reference.

BOARD VOTE:

___X____  ___X____  ___X____  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 all Department of the Army records of the individual concerned be corrected by removing the notation of a "Gold Ring" on his U.S. Army Gold Recruiter Badge with Three Sapphire Achievement Stars.


															XXX
      ______________________
       	   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)                                         AR20080008906



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ABCMR Record of Proceedings (cont)                                         AR20080008906



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