IN THE CASE OF:
BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090002827
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster). He also requests that the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar be changed to show the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.
2. The applicant states that his final award of the Army Commendation Medal was not reflected on his DD Form 214. He also contends that he qualified expert with the automatic rifle just prior to his expiration term of service (ETS).
3. The applicant provides two award certificates for the Army Commendation Medal; a copy of his DD Form 214; and orders for the Army Commendation Medal 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 applicants 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 applicants 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 in the Regular Army on 10 February 1987. He served as an information systems operator administration and software analyst and was released from active duty on 30 April 1991 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows, among other awards, the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar as authorized awards.
4. Headquarters, United States Army Information Systems Command - FORSCOM Permanent Orders 13-1, dated 14 April 1988, show the applicant received the Army Commendation Medal for meritorious achievement for the period 22 June 1987 through 30 January 1988.
5. There are no orders for a second award of the Army Commendation Medal in the available records.
6. In support of his claim for a second award of the Army Commendation Medal, the applicant provided an award certificate, dated 28 May 1991, which shows he was awarded the Army Commendation Medal for meritorious service during the period 6 June 1987 to 30 March 1991.
7. Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows, among other awards, one award of the Army Commendation Medal. This item also shows the applicant qualified sharpshooter with the M-16 rifle on 15 June 1989.
8. There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar in the available records.
9. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The regulation provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
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.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received one award of the Army Commendation Medal which is properly shown on his DD Form 214. In the absence of orders for a second award of the Army Commendation Medal, the award certificate provided by the applicant is not sufficient as a basis for amending his DD Form 214 to show two awards of the Army Commendation Medal.
2. Although the applicant contends that he qualified expert with the automatic rifle just prior to his ETS, there is no evidence of record to support this contention. Evidence of record shows he qualified sharpshooter with the Rifle (M-16) Bar. There is no evidence of record which shows he received the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, there is insufficient evidence on which to change his Sharpshooter Marksmanship Qualification Badge with Rifle Bar to the Expert Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____X___ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090002827
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ABCMR Record of Proceedings (cont) AR20090002827
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