IN THE CASE OF:	

		BOARD DATE:	        7 October 2008

		DOCKET NUMBER:  AR20080012017 


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) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Army Achievement Medal, a certificate of achievement for being Soldier of the Month, a commendation for being Soldier of the Quarter, a “Coin of Excellence,” the Expert Marksmanship Qualification Badge with Mortar Bar, the Expert Marksmanship Qualification Badge with Grenade Launcher Bar, and the Expert Marksmanship Qualification Badge with “4 Deuce Gunner” [i.e. a mortar] Bar.  He also requests that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on his DD Form 214 be corrected to show he served in military occupational specialty (MOS) 11C (indirect fire infantryman) for 2 years and 10 months instead of 2 years and 7 months; and that item 16 (High School Graduate or Equivalent) on his DD Form 214 be corrected to show “Yes” instead of “No.”
     
2.  The applicant states that these were administrative errors.  He earned his high school general equivalency diploma while in Korea.

3.  The applicant provides a copy of his DD Form 214; a Record Fire Scorecard; a High School Equivalent Certificate; a certificate of achievement; a DA Form 1315 (Reenlistment Data); an award certificate and orders for the Army Achievement Medal; and a photograph of a coin, 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 enlisted on 9 August 1983 and was awarded MOS 11C effective 10 November 1983.  On 6 June 1986, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  Item 11 on the applicant’s DD Form 214 shows he served 2 years and 
7 months in MOS 11C.  Item 13 on his DD Form 214 shows the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.  Item 16 on his DD Form 214 shows an X in the “No” block.

4.  Item 9 (Awards, Decorations and Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he qualified sharpshooter with the M-16 rifle.  However, the applicant provided a Record Fire Scorecard, dated 15 March 1985, which shows he qualified expert on the M-16 rifle.

5.  The applicant provided an undated High School Equivalency Certificate.

6.  The applicant provided a certificate of achievement which shows he was selected as Soldier of the Month in April 1984.  He provided a DA Form 1315 which shows he won Soldier of the Quarter competition in March 1984.  He also provided a photograph of a coin. 

7.  Headquarters, 1st Cavalry Division Permanent Orders 51-192, dated 19 July 1985, show the applicant received the Army Achievement Medal.

8.  There are no orders for the Expert Marksmanship Qualification Badge with Mortar Bar or the Expert Marksmanship Qualification Badge with Grenade Launcher Bar in the available records.

9.  Army Regulation 600-8-22 (Military Awards) does not list a “Coin of Excellence” as an authorized award.  

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

11.  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.  The 1985 Record Fire Scorecard provided by the applicant which shows he qualified expert on the M-16 rifle is accepted as sufficient evidence on which to amend item 13 on his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The High School Equivalency Certificate provided by the applicant is accepted as sufficient evidence on which to amend item 16 on his DD Form 214 to show he was a high school graduate or equivalent.  Even though undated, any reasonable doubt should be resolved in favor of the applicant.  

3.  Since the governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214, there is no basis for granting the applicant’s request to show a certificate of achievement for being Soldier of the Month, a commendation for being Soldier of the Quarter, or a “Coin of Excellence” on his DD Form 214.

4.  Orders show the applicant received the Army Achievement Medal.

5.  Although the applicant contends that item 11 on his DD Form 214 should be corrected to show he served in MOS 11C for 2 years and 10 months, evidence of record shows he was awarded MOS 11C effective 10 November 1983.  Therefore, item 11 on his DD Form 214 is correct. 
6.  There are no orders for the Expert Marksmanship Qualification Badge with Mortar Bar or the Expert Marksmanship Qualification Badge with Grenade Launcher Bar in the applicant’s records.  Therefore, there is insufficient evidence on which to base adding these marksmanship badges to his 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:

	a.  deleting the entry, “Sharpshooter Badge (Rifle)” in item 13 on his DD Form 214; 

	b.  adding the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Achievement Medal in item 13 on his DD Form 214;  

	c.  deleting the X in “No” in item 16 on his DD Form 214; and 

	d.  adding an X in “Yes” in item 16 on his DD Form 214.
	
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 amending his DD Form 214 to show a certificate of achievement for being Soldier of the Month, a commendation for being Soldier of the Quarter, a “Coin of Excellence,” the Expert Marksmanship Qualification Badge with Mortar Bar, or the Expert 





Marksmanship Qualification Badge with Grenade Launcher Bar.  In addition, the Board recommends denial of so much of the application that pertains to amendment of item 11 on 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.

ABCMR Record of Proceedings (cont)                                         AR20080012017



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ABCMR Record of Proceedings (cont)                                         AR20080012017



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