IN THE CASE OF:	

		BOARD DATE:	27 August 2009  

		DOCKET NUMBER:  AR20090002956 


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, his record be corrected to show he was promoted to sergeant/pay grade E-5, that he was awarded weapons qualification badges, and that he is authorized to wear the Army Presidential Unit Citation and Meritorious Unit Commendation with Oak Leaf Cluster earned by the 82nd Airborne Division.

2.  The applicant states he earned sergeant rank while serving with the 82nd Airborne Division at Fort Bragg.  He states he earned weapons qualification badges for the rifle and grenade at Fort Jackson while in basic training.  He continues to state the 82nd Airborne Division is authorized to wear both the Army Presidential Unit Citation and the Meritorious Unit Commendation.  As a commissioned officer in the U.S. Naval Sea Cadet Corps, the applicant states he needs proper authorization to wear these awards and decorations on his uniform.

3.  The applicant did not provide any supporting documentation or evidence with 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 in the Regular Army on 7 April 1970 for a 3-year period of service.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 62F (Crane Operator).

3.  On 2 June 1970, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar with the publication of Special Orders Number 94, published by Headquarters, 2nd Basic Training Brigade, at Fort Jackson, SC.

4.  There are no orders in the applicant's available military personnel record that show he was awarded a Marksmanship Qualification Badge with Grenade Bar.

5.  On 9 September 1970, the applicant was assigned to the 618th Engineer Company (Airborne), 82nd Airborne Division, at Fort Bragg, NC, where he served continuously until his separation.

6.  On 21 July 1971, the applicant was promoted to specialist four/pay grade E-4 with the publication of Special Orders Number 167, dated 28 July 1971, published by Headquarters, 82nd Airborne Division.

7.  On 6 April 1972, the applicant was honorably released from active duty and transferred to the 803rd General Supply Company, U.S. Army Reserve.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 11 months, and 29 days of active service.

8.  Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) of the applicant's DD Form 214 shows he was a specialist four/pay grade E-4 upon his release from active duty.

9.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Parachutist Badge.

10.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant served overseas in a recognized foreign service area.
11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that for all his assignments he received "excellent" conduct and efficiency ratings.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, or any records of conviction by court-martial.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

14.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months in support of military operations.  While service in a combat zone is not required, units based in the Continental United States are excluded from this award.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.  A Soldier may wear the unit award temporarily while assigned to the cited unit if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.

16.  A review of the applicant's official military personnel record shows he is entitled to an award that he did not request.
17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the highest rank the applicant attained during his enlistment period of active duty was specialist four/pay grade E-4.  As such, the applicant's rank and grade as published on his DD Form 214 is correct.

2.  There are no award orders in the applicant's available military personnel record that show he was awarded a Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is not entitled to have his records corrected to show a Marksmanship Qualification Badge with Grenade Bar.

3.  Based on the available evidence, the applicant did not serve with the 82nd Airborne Division during combat operations in an overseas foreign service area when the Division was awarded the Presidential Unit Citation or the Meritorious Unit Commendation.  Therefore, the applicant is not entitled to have his record corrected to show these two unit awards.

4.  Based on the publication of Special Orders Number 84, the applicant is entitled to have his record corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Based on the applicant's "excellent" conduct and efficiency ratings and the fact that this enlistment period ended with the termination of his first period of Federal military service, and in the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal for the period of qualifying service from 7 April 1970 to 6 April 1972.



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:

	a.  awarding him the Army Good Conduct Medal for his period of service from 7 April 1970 to 6 April 1972 and

	b.  adding the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 with a separation date of 6 April 1972.

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 correcting his record to show the rank and grade of sergeant/pay grade E-5, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Marksmanship Qualification Badge with Grenade 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)                                         AR20090002956



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ABCMR Record of Proceedings (cont)                                         AR20090002956



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