IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009 

		DOCKET NUMBER:  AR20080010365 


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, correction of his discharge document to show his correct date of birth (DOB) and his awards and decorations.

2.  The applicant states, in effect, that his DOB is 26 August 19##, but his discharge document shows his DOB as 28 August 19##.  He also states that the document does not show all of his awards (i.e., the Marksman Marksmanship Qualification Badge with M60 Machinegun Bar and European Weapons Medal).  The applicant further states that he was not present to review his discharge document at the time of his separation.

3.  The applicant provides copies of a Greenville Hospital, Greenville, Pennsylvania, Birth Certificate, issued on 26 August 19##; DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 13 March 1983; and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 17 June 1983.

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.  All of the applicant’s military personnel records pertaining to the period of service under review are not available to the Board.  However, the applicant’s military personnel records created subsequent to the period of service under review are available and there are sufficient documents in the available records for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s military personnel records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for a period of 6 years on 1 April 1977 and entered active duty in the Regular Army for a period of 3 years on 17 June 1977.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty 64C (Motor Transport Operator).

4.  The applicant’s military personnel records contain a DD Form 214 with an effective date of 13 March 1983 and a DD Form 215, dated 17 June 1983.  The DD Form 215 shows that the Social Security Account Number (SSAN) recorded on the DD Form 214 (i.e., "#07-##-####") was corrected to read "#70-##-####."  Item 5 (Date of Birth) of the DD Form 214 contains the entry "##0828."  The DD Form 214 also shows the applicant reenlisted on 14 March 1980, was honorably discharged from active duty on 13 March 1983, and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 5 years, 8 months, and 27 days of net active service during this period and 2 months and 16 days of total prior inactive service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.  Item 21 (Signature of Member Being Separated) contains the entry "Individual Not Available for Signature."

5.  The applicant’s military personnel records contain a DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows he enlisted in the USAR for a period of 3 years on 26 February 1983.  Item 2 (SSAN) contains the entry "#70-##-####" and item 7 (Date of Birth) contains the entry "26 August 19##."  Item 9 (Previous Military Service Upon Enlistment/Reenlistment) shows the applicant was credited with 5 years, 8 months, and 27 days of total active military service and 2 months and 16 days of total inactive military service.
6.  The applicant's military personnel records contain a DA Form 2-1 (Personnel Qualification Record).

	a.  Item 5 (Oversea Service), in pertinent part, shows he served in U.S. Army Europe in Germany from 9 October 1977 through 11 June 1980 and also from 29 November 1981 through 23 February 1983.

	b.  Item 9 (Awards, Decorations and Campaigns), in pertinent part, contains the entry "M60 870530" (i.e., M60 Machinegun, 30 May 1987); however, a level of marksmanship qualification is not shown.  Item 9 does not show the European Weapons Medal.

	c.  Item 33 (Date) and item 34 (Signature) show the applicant confirmed that the DA Form 2-1 was prepared on 27 March 1986 and that he last reviewed the document on 16 October 1988.

7.  The applicant’s military personnel records contain a copy of Headquarters, Fourth U.S. Army and Fort Sheridan, Fort Sheridan, Illinois, Orders 62-20, dated 3 March 1989, that show the applicant was honorably discharged from the USAR effective 3 March 1989.

8.  There are no orders or other evidence that shows the applicant was awarded the Marksman Marksmanship Qualification Badge for qualifying with the M60 machinegun.

9.  There is no evidence the applicant was presented the European Weapons Medal.  There is also no evidence that the applicant was authorized to accept and wear the European Weapons Medal.

10.  In support of his application, the applicant provides a copy of a Greenville Hospital, Greenville, Pennsylvania, Birth Certificate, issued 26 August 19##.  This document shows the applicant was born in the Greenville Hospital of Greenville, Pennsylvania, on 26 August 19##.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, specific for the award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Foreign decorations approved for acceptance and wear are listed in Appendix E (Foreign Decorations), Table E-1 (Foreign Decorations).

12.  Army Regulation 600-8-22 provides that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military records.  Foreign badges authorized for acceptance and wear on the Army uniform are listed in Appendix D (Foreign Badges), Table D-1 (Foreign Badges).

13.  Army Regulation 600-8-22 provides, in pertinent part, that commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D and foreign decorations listed in Appendix E of this regulation.  This authority may be further delegated to commanders charged with custody of military personnel record files.

14.  A review of Army Regulation 600-8-22, Table D-1 and Table E-1, failed to show the European Weapons Medal as an authorized foreign badge or foreign decoration approved for acceptance and wear on the Army uniform or entry in official military records.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

16.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 5 state, "Enter date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 420106 for 6 Jan 42."  The instructions for item 13 state that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his DOB is 26 August 19## and that he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar and European Weapons Medal.

2.  In support of his claim for correction of his DOB, the applicant provides a copy of his Birth Certificate that confirms his DOB is 26 August 19##.  In addition, the evidence of record shows, with the exception of the applicant’s DD Form 214, the applicant's military personnel records consistently show his DOB as 26 August 19##.  Thus, the preponderance of documentary evidence presented in this case shows that the applicant's DOB is 26 August 19##.  Therefore, in view of the foregoing, it would be appropriate to correct the DOB recorded on the applicant’s DD Form 214.

3.  There is no evidence the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar during the period of service under review.  The evidence of record indicates the applicant either familiarized or qualified with the M60 machinegun on 30 May 1987, which was subsequent to the date of his discharge from active duty.  Thus, even if the applicant qualified with the M60 machinegun on that date, the corresponding Marksmanship Qualification Badge awarded would not be authorized for entry on the DD Form 214 with an effective date of 13 March 1983.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

4.  There is no evidence the applicant was presented the European Weapons Medal or that he was authorized to accept and wear the European Weapons Medal.  The European Weapons Medal is also not listed as an authorized foreign badge or foreign decoration approved for acceptance and wear on the Army uniform or entry in official military records in the governing regulation.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ___X____  ___X____  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:

	a.  deleting from item 5 of his DD Form 214 the entry "##0828" and

	b.  adding to item 5 of his DD Form 214 the entry "##0826."

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 the Marksman Marksmanship Qualification Badge with Machinegun Bar and European Weapons Medal.



      ___________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)                                         AR20080010365



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ABCMR Record of Proceedings (cont)                                         AR20080010365



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