BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090004434 


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 Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, and the Air Assault Badge. 

2.  The applicant states that a sergeant first class had a friend omit these awards from his records.

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 18 August 1976.  He served as a materiel supply specialist and was released from active duty on 17 August 1979.  

3.  The applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 17 August 1979 shows the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  The applicant enlisted in the Regular Army on 30 October 1979.  He served as an equipment records and parts specialist.  Orders show the applicant was awarded secondary military occupational specialty (MOS) 11B (infantryman) effective 31 January 1983 while assigned to Company C, 1st Battalion, 67th Armor of the 2nd Armored Division.  On 29 October 1983, he was honorably discharged.

5.  The applicant's DD Form 214 for the period ending 29 October 1983 does not show the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, or the Air Assault Badge as authorized awards.  This DD Form 214 also shows that his last duty assignment was with Company C, 1st Battalion, 67th Armor of the 2nd Armored Division. 
 
6.  There are no orders for the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, or the Expert Infantryman Badge in the available records. 

7.  There are no orders for the Air Assault Badge in the applicant's service personnel records.  There is also no evidence in his records which shows that he completed an Air Assault course.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

12.  Army Regulation 600-8-22 prescribes Army policy and procedures for awards, in pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an Air Assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no retroactive date for this badge.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered.  However, there are no orders for the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, or the Army Achievement Medal in the available records.  Therefore, there is an insufficient basis for granting the applicant's request for these medals at this time.   

2.  Although the applicant was awarded a secondary infantry MOS, there is no evidence of record which shows he completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is insufficient evidence on which to base award of the Expert Infantryman Badge in this case.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows he completed the Air Assault course.  Therefore, there is insufficient evidence on which to base award of the Air Assault Badge in this case. 

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)                                         AR20090004434





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ABCMR Record of Proceedings (cont)                                         AR20090004434



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