IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080015456 


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 Honorable Discharge Certificate (DD Form 256A) dated 17 March 1961 to show his rank as E-5 and to add awards to his Report of Separation from the Armed Forces of the United States (DD Form 214).

2.  The applicant states that he was promised a Border Certificate for patrolling the East/West German border.  He also states that he qualified  with the .45 caliber pistol, .30 caliber carbine, hand grenade, .30 caliber machine gun, 
.50 caliber machine gun, M4A3 Sherman Tank 75 millimeter (mm) gun, T-43 Tank 76mm gun, M-47 Tank 90mm gun, and the 106mm recoilless rifle.  

3.  The applicant provides, in support of his application, copies of his 
DD Form 214; DD Form 256A; Special Orders Number 226, announcing his temporary promotion to specialist second class (SP2)/pay grade E-5; his Certificate of Service [wallet card]; and Special Orders Number 180, dated
12 August 1955, awarding him the Expert Marksmanship Qualification Badge with Submachine Gun Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.

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 military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant's DD Form 214 shows:

	a.  that he enlisted in the Regular Army on 17 February 1953 for 3 years;

   b. that he was awarded military occupational specialty (MOS) 130.00 (Armored Basic);
   
   c.  that he was promoted to the rank of specialist second class (SP2) on
7 October 1955;
   
   d.  that he was released from active duty on 15 February 1956 and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation;
   
   e.  that he had completed 2 years, 11 months, and 15 days of creditable active duty service; and
   
   f.  that his awards included the National Defense Service Medal, Good Conduct Medal, and the Army of Occupation Medal with Germany Clasp.  It does not show award of any marksmanship badges.

4.  Records show that the United States Army restructured its enlisted ranks after the applicant's release from active duty in 1956 and prior to his subsequent discharge from the USAR.  On 1 June 1958 the rank of SP2 was converted to specialist five (SP5)/pay grade E-5.


5.  On 17 March 1961, the applicant was discharged from the USAR.  His Honorable Discharge Certificate shows his rank as SP5.  Since this was the correct grade at the time, there is no error to correct.  This issue will not be further discussed.

6.  Army Regulation 600-8-22 (Military Awards) does not provide for the award of a "Border Certificate."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add his marksmanship badges and a "Border Certificate."  He further contends that his rank shown on his Honorable Discharge Certificate is incorrect.

2.  There is no available evidence showing that the applicant was authorized or awarded a "Border Certificate."  Furthermore, the governing regulation for military awards does not provide for such a certificate.  Therefore, the applicant's request for award of this certificate should be denied.  

3.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Submachine Gun Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

4.  There is no available evidence showing that the applicant had qualified on any other weapon or weapon system or that he was authorized or awarded any additional marksmanship badges.

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 adding, in addition to the awards already shown of his DD Form 214, the Expert Marksmanship Qualification Badge with Submachine Gun Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.

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 issuance of a "Border Certificate" and to adding any additional marksmanship badges to his DD Form 214.



      ________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)                                         AR20080015456



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ABCMR Record of Proceedings (cont)                                         AR20080015456



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