IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090014413
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 award of the Expert Marksmanship Qualification Badge with Rifle and Grenade Bar.
2. The applicant states he was at Fort Gordon, GA at the time. He also states his expert rifle and grenade badge were lost in a fire and he wants to replace them so he can pass them on to his son.
3. The applicant provides no 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's record shows he enlisted in the Regular Army on 8 January 1980. He did not complete initial entry training and was not awarded a military occupational specialty. The highest rank and grade the applicant attained during his military service was private (PV1)/E-1.
3. Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) is blank.
4. The applicant's record is devoid of any evidence and he has not provided any evidence that shows he qualified with any weapon during his tenure in the Army.
5. On 26 March 1980, the applicant's immediate commander notified the applicant of his intent to initiate action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-33 (Trainee Discharge Program (TDP)). The commander stated the specific reasons for this action were:
a. he could not or would not adapt socially or emotionally to military life.
b. he could not meet the minimum standards prescribed for successful training because of a lack of aptitude, ability, motivation, or self-discipline.
6. The commander informed the applicant that the final decision in his case rested with the approving authority. If his separation was approved, his service would be characterized as honorable. However, if he did not have sufficient prior military service, he should understand that due to noncompletion of requisite active duty time, Veterans Administration and other benefits normally associated with completion of honorable active duty service would be affected. Furthermore, he would not be permitted to reenter the U.S. Army within two years from the date of his separation.
7. The commander advised the applicant of his rights to present any rebuttal or statement in his own behalf to the approving authority and to request a separation physical if he felt his physical status had changed since his last examination.
8. On 26 March 1980, the applicant acknowledged receipt of the commanders notification of intent to separate him under the provisions of the TDP and the possible effects of a separation of this nature. He also declined to submit a statement in his own behalf or to have a separation medical examination.
9. On 26 March 1980, the applicant's immediate commander recommended that he be discharged under the provisions of the TDP.
10. On 1 April 1980, the separation authority approved the applicant's discharge and directed that he be furnished a DD Form 256A (Honorable Discharge Certificate).
11. On 4 April 1980, the applicant was discharged. The DD Form 214 he was issued at the time confirms he completed a total of 2 months and 27 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) contains the entry "NA" indicating "Not Applicable."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle and Grenade Bar was carefully considered.
2. Evidence shows the applicant was discharged prior to completing initial entry training.
3. The applicant's record is devoid of any evidence and he has not provided any evidence that shows he qualified with any weapon during his tenure in the Army.
4. 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 this requirement.
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) AR20090014413
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090014413
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