BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090012070 


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 all his awards, decorations, and marksmanship badges, as well as completion of advanced individual training (AIT).

2.  The applicant states, in effect, that his DD Form 214 does not reflect his awards or military education.

3.  The applicant provides copies of his DD Form 214, dated 15 March 2004; an undated certificate of excellence; and an undated DA Form 5286-1-R (Individual Training Record - Basic Training (BT), Advanced Individual Training (AIT), One-Station Unit Training (OSUT)) in support of his request.

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 records show he enlisted in the Regular Army (RA) for a period of 4 years on 19 February 2003 and was reassigned to Fort Eustis, VA, for completion of BT and AIT under the OSUT program.

3.  The applicant's records show he completed BT while assigned to Company A, 1st Battalion, 48th Infantry, and he was subsequently reassigned to Company B, 1st Battalion, 222nd Aviation, for AIT in military occupational specialty (MOS) 67R (Helicopter Repairman).

4.  The applicant's records further show he was honorably discharged on 15 March 2004 by reason of disability - existed prior to service [EPTS], PEB [Physical Evaluation Board].  The DD Form 214 he was issued shows he completed 1 year and 27 days of creditable active service.  Item 11 (Primary Specialty), item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and item 14 (Military Education) of this form show the entry "None."

5.  The applicant submitted a copy of an undated United States Army Maneuver Support Center Certificate of Excellence that shows he attained the highest basic rifle marksmanship score with the M-16 rifle while assigned to Company A, 1st Battalion, 48th Infantry.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards/badges:

	a.  The National Defense Service Medal was established by Executive Order (EO) 10448, 22 April 1953, as amended by EO 11265, 11 January 1966; EO 12776, 18 October 1991, as amended by EO 13293, 28 March 2003, and Secretary of Defense memorandum, dated 26 April 2002; and EO 13293, dated 28 March 2003.  It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	b.  The Global War on Terrorism Service Medal was established by EO 13289, 12 March 2003.  It is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 
11 September 2001 to a future date to be determined.  Battalion commanders 
and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days or meet one of the following criteria:  initial award of the Global War on Terrorism Service Medal is limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom and all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 non-consecutive days are authorized the Global War on Terrorism Service Medal.

	c.  Marksmanship badges and tabs are 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 he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  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.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.

7.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that 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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that from the Enlisted Record Brief (ERB), for item 11 enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  Do not count basic training and AIT.

8.  Chapter 2 also states that for item 13 enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records.

9.  Chapter 2 further states that the Soldier's military education in item 14 is obtained from the ERB.  It shows the formal in-service (full-time attendance) 
training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his awards, decorations, and marksmanship badges, as well as completion of AIT.

2.  The evidence of record shows the applicant served on active duty from 19 February 2003 to 15 March 2004; therefore, he served a qualifying period of service for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows the applicant attained the highest basic rifle marksmanship score with the M-16 rifle while assigned to Company A, 1st Battalion, 48th Infantry, during BT.  Therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 to show this badge.

4.  With respect to the applicant's completion of AIT and the lack of an entry in items 11 and 14, there is insufficient evidence to show the applicant completed the Helicopter Repairman Course at Fort Eustis, VA.  The available evidence shows that while attending AIT, the applicant entered the Physical Disability Evaluation System and he was ultimately discharged by reason of disability - EPTS.  There is no indication that he completed the required training for this MOS.  There is also no evidence and the applicant did not provide any evidence that show he was awarded an MOS by official military orders.  Therefore, there is no basis for granting this portion of the applicant's 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 to item 13 of his DD Form 214 the National Defense Service Medal, Global War on Terrorism Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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 completion of advanced individual training.



      ___________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)                                         AR20090012070



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