IN THE CASE OF:	  

		BOARD DATE:	       12 March 2009

		DOCKET NUMBER:  AR20080013957 


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 award of the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Maine Army National Guard (MEARNG) Boot Camp Ribbon, the MEARNG Ribbon, the Florida ARNG (FLARNG) Ribbon, and the Florida Army Reserve Ribbon.

2.  The applicant states that he qualified expert with the M-60 machinegun in boot camp and that after he completed active duty basic combat and advanced individual training, all members received the Army Service Ribbon except him.  He also states that he did not receive any of his State ARNG ribbons.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), dated 15 September 1979; a copy of page 4 of his 4-page DA Form 2-1 (Personnel Qualification Record); a copy of his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), dated 14 July 1981; a copy of Orders 161-107, issued by Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, on 10 June 1986; and a copy of Orders C-11-048814, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, on 3 November 1987, in support of his request.

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 records show he enlisted in the MEARNG for a period of 6 years on 19 April 1979.  He subsequently entered active duty for training (ADT) on 18 June 1979, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was honorably released from ADT to the control of his ARNG unit on 15 September 1979.  The DD Form 214 he was issued shows he completed 2 months and 28 days of creditable active military service.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.  Item 26 does not show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1, prepared on 12 November 1980 and reviewed by the applicant on the same date, does not show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  On 11 November 1980, the applicant was honorably discharged from the MEARNG for the purpose of immediate reenlistment in the ARNG of another state.

6.  Item 18 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period) of the NGB Form 22 he was issued at the time shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  On 12 November 1980, the applicant enlisted in the FLARNG for a period of 4 years, 5 months, and 7 days.  He was subsequently assigned to Battery B, 1st Battalion, 116th Field Artillery, Fort Myers, FL.  He was honorably discharged from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 14 July 1981.  Item 18 of his NGB Form 22 shows the entry "None."
8.  On 10 April 1986, the applicant enlisted in the USAR for a period of 3 years.  He was subsequently ordered to ADT for a period of 49 days under the authority of Orders 156-031, issued by Headquarters, 81st USAR Command, East Point, GA.  He entered ADT on or about 15 May 1986, completed advanced individual training, and was awarded MOS 94B (Cook).  He was released from ADT and returned to his USAR unit on 10 July 1986.  He was subsequently assigned to Battery B, 7th Battalion, 9th Field Artillery, Charlotte, FL.

9.  On 2 November 1987, the applicant was voluntarily relieved from the USAR Control Group (Reinforcement) and assigned to the 3d Combat Support Company, 16th Infantry Battalion, Rochester, NH.  He was ultimately discharged from the USAR on an unknown date.

10.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  Chapter 8 of Army Regulation 600-8-22, currently in effect, states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are 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 he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Permanent orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.

12.  Army Regulation 600-8-22 prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and several other State ribbons/awards.

2.  With respect to the Army Service Ribbon, this award was established on 1 August 1981 and may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was released from ADT on 15 September 1979.  Nevertheless, he had an active status after 1 August 1981 when he entered ADT on or around 15 May 1986 through 10 July 1986.  Therefore, he meets the criteria for award of the Army Service Ribbon.

3.  With respect to award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the applicant’s record is void of any orders that show he qualified with the M-60 machinegun and/or was awarded a qualification badge with this weapon system.  Therefore, there is insufficient evidence to award the applicant the requested relief.

4.  With respect to State ribbons, State awards are not governed by, or listed in, Army Regulation 600-8-22.  Therefore, entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 26 of the DD Form 214.  Further, a correction to a separation document to add awards earned subsequent to the period of active duty service covered in the separation document is not authorized.  Given that his State ribbons/medals are not awards recognized by Army Regulation 600-8-22, even had they been received during the active duty period covered by the DD Form 214, they would not be an authorized entry.  Thus, there is no basis to grant the applicant the requested relief.

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 amending his DD Form 214 to show the applicant is entitled to the Army Service Ribbon.

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 Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and all requested State awards/ribbons.


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      _________________________
                 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)                                         AR20080013957



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ABCMR Record of Proceedings (cont)                                         AR20080013957



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