IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019614 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), Air Assault Badge (AAB), and Sharpshooter Marksmanship Qualification Badge with Assault Weapon Bar.

2.  The applicant states, in effect, that the ARCOM, AAM, AAB and Sharpshooter Marksmanship Qualification Badge with Assault Weapon Bar he earned were erroneously omitted from the list of awards contained on his DD Form 214.   

3.  The applicant provides ARCOM, AAM and AAB certificates and his DD Form 214 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's record shows he enlisted in the Regular Army and entered active duty on 22 July 1997, and was trained in and awarded military occupational specialty (MOS) 54B (Chemical Operations Specialist).  

3.  The applicant's Official Military Personnel File (OMPF) contains an ARCOM certificate that shows he was awarded the ARCOM for meritorious service during the period from 23 February 2000 through 29 June 2000, and that this award was authorized and announced in Headquarters, Division Support Command (DISCOM), 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, Permanent Orders (PO) Number (#) 269-07, dated 25 September 2000. 

4.  The applicant's OMPF also contains Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell PO # 251-00166, dated 8 September 1998, which awarded the applicant the AAB for the period 28 July through 11 August 1998.  

5.  On 30 June 2000, the applicant was honorably discharged, in the rank of specialist (SPC), after completing 2 years, 11 months, and 9 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant provides an AAM certificate that shows he was awarded the AAM for meritorious achievement during the period from 20 March 2000 through 7 April 2000, and that this award was authorized and announced in 801st Main Support Battalion, 101st Airborne Division (Air Assault) and Fort Campbell PO # 096-0025, dated 6 April 2000.  

7.  The applicant also provides a certificate of training, dated 11 August 1998, which shows he completed air assault training and received the AAB.  

8.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains DD Form 214 preparation instructions and states, in pertinent part, that awards and decorations for all periods of service will be listed in Item 13.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges.  Section IV contains policies for marksmanship badges and tabs and states that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, 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.  

10.  Table 8-2 of the awards regulation identifies the following weapons for which component bars are authorized: Rifle, Pistol, Anti-Aircraft Artillery, Automatic Rifle, Machinegun, Field Artillery, Tank Weapons, Flamethrower, Submachine Gun, Rocket Launcher, Grenade, Carbine, Recoilless Rifle, Mortar, Bayonet, Rifle Small Bore, Pistol Small Bore, Missile, and Aero-Weapons.  There is no Assault Weapon identified in the list of weapons authorized component bars.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ARCOM, AAM, and AAB should be added to Item 13 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period from 23 February 2000 through 29 June 2000, the AAM for meritorious achievement during the period 20 March 2000 through 7 April 2000, and the AAB for the period 28 July through 11 August 1998, and that these awards were properly authorized and announced in orders.  As a result, it would be appropriate to add these awards to his DD Form 214 at this time.  

2.  The applicant's contention that he should be awarded the Assault Weapon Bar with his Sharpshooter Marksmanship Qualification Badge was also carefully considered.  However, the evidence of record is void of any orders or documents that indicate the applicant qualified with an assault weapon.  Further, by regulation, component bars are authorized for weapons listed in Table 8-2 of the awards regulation, which does not include an assault weapon.  As a result, there is insufficient evidence to support granting this portion of 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 adding the Army Commendation Medal, Army Achievement Medal, and Air Assault Badge to Item 13 of his DD Form 214; and by providing him a correction to his DD Form 214 that includes these awards.  

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 an Assault Weapon badge or bar.  




      _______ _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)                                         AR20080019614



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019614


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1