BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090006509 


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 records to show award of the Army Service Ribbon, Overseas Service Ribbon, Purple Heart, Army Commendation Medal, and Expert Artilleryman Badge with Nuclear Designation. 

2.  The applicant states he served more than 181 days of service; 3 years, 2 months, and 6 days of foreign service and 3 years, 11 months, and 21 days of net active service.

3.  The applicant provides no additional documentary evidence in support of this 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 requested, in effect, reconsideration of the Board's denial of his previous request for correction of his records to show award of the Overseas Service Ribbon, Army Service Ribbon, and Army Commendation Medal (ABCMR Docket Number AC96-07563 considered on 28 August 1996).

	a.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier Board decision if the request is received within one year of the Board's original decision and it has not previously been reconsidered.

	b.  The Board staff reviewed the applicant's request for reconsideration and determined that his request for reconsideration was not received within one year of the Board's original decision.  As a result, his request for reconsideration of these issues does not meet the criteria outlined above.  

	c.   The Board will not consider any further requests for reconsideration of these issues.  However, the applicant has the option to seek relief in a court of appropriate jurisdiction.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military records show he enlisted in the Regular Army (RA) on 3 December 1973.  He was awarded military occupational specialty (MOS) 13B (cannon crewman) and subsequently MOS 13E (field artillery operations/fire direction assistant), which became his designated primary MOS.  He was promoted to the rank/grade of sergeant (SGT)/E-5, which is the highest rank he held during his tenure of service.  He also completed one foreign service tour in Germany.

4.  The applicant was released from active duty on 23 November 1977 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) after completing 3 years, 11 months, and 21 days of creditable active service.

5.  There are no orders in the applicant’s records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action and the treatment was made a matter of official record.

6.  There is no evidence in the applicant's records that shows he was awarded an Expert Artilleryman Badge.  A review of Army Regulation 600-8-22 (Military Awards), which governs the Army awards program, was conducted to determine the existence of the Artilleryman Badge.  The search failed to identify such an award.
7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's records and he has provided no evidence which shows that he was wounded or injured as a result of hostile action, treated for such wounds, or that such treatment was made a matter of official record.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

2.  The applicant requested award of the Expert Artilleryman Badge.  This badge is not a part of the Army's awards program.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.  In view of the foregoing, there is insufficient basis for granting the applicant's request.

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)                                         AR20090006509



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ABCMR Record of Proceedings (cont)                                         AR20090006509



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