IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015607 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal, Army Reserve Components Achievement Medal, Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 1, Army Service Ribbon, Driver and Mechanic Badge with "W" Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.

2.  The applicant states the requested awards were not listed on her DD Form 214.

3.  The applicant provides a copy of a letter, dated 21 Mach 2005, from the National Personnel Records Center in support of her 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.  A review of her DD Form 214 indicates the Army Service Ribbon, NCO Professional Development Ribbon, and the Driver and Mechanic Badge are already listed on her DD Form 214; therefore, these awards will not be discussed further in the Record of Proceedings.

3.  Her records show she enlisted in the Regular Army on 26 April 1979 and held military occupational specialty 64C (Motor Transport Operator).  She was honorably released from active duty on 23 April 1982 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of her Reserve obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show the Army Achievement Medal, Army Reserve Components Achievement Medal, Expert Marksmanship Qualification Badge with Rifle Bar, or Marksman Marksmanship Qualification Badge with Grenade Bar; but does show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, Permanent Orders 111-31, dated 10 June 1982, awarded her the Army Achievement Medal for meritorious service from 17 August 1979 to 24 April 1982.

6.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record) shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 25 May 1979, the Expert Marksmanship Qualification Badge with Grenade Bar on 7 June 1979, and the Army Reserve Components Achievement Medal (1st Award) on 11 May 1985.

7.  Army regulation 600-8-22 (Military Awards) states:

	a.  The Army Reserve Components Achievement Medal is awarded to USAR personnel including Active Guard Reserve members in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or USAR troop program unit or as an Individual Mobilization Augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years of service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced in 1995 from 4 to 3 years.  This change is not retroactive.  A member must be recommended for the award by his/her unit commander.

	b.  Chapter 8 states that 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.  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.  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 marksmanship qualification badges.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded her the Army Achievement Medal for meritorious service from 17 August 1979 to 24 April 1982 which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  Her DA Form 2-1 shows she qualified Expert with the hand-grenade and was awarded the Expert Marksmanship Qualification Badge with Grenade Bar on 7 June 1979, which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this badge.

3.  Her DA Form 2-1 also shows she qualified Marksman with her M-16 rifle on 25 May 1979 and that she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar which is listed on her DD Form 214.  There is no indication that she qualified Expert with this weapon system.  In the absence of evidence in the form of an order, memorandum, disposition form, or any other documentary evidence to show she qualified expert, there is insufficient evidence to correct her DD Form 214.

4.  With respect to the Army Reserve Components Achievement Medal, her DA Form 2-1 shows she earned this award on 11 May 1985, some 3 years after her release from active duty.  The DD Form 214 is a record of continuous active service.  There is no provision to list a future award on a previously-issued DD Form 214.


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 the Army Achievement Medal and the Expert Marksmanship Qualification Badge with Grenade Bar to her DD Form 214.

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 the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Reserve Components Achievement Medal.



      ___________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)                                         AR20090015607



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ABCMR Record of Proceedings (cont)                                         AR20090015607



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