IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017614
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 the Army Commendation Medal, Army Achievement Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states these awards were omitted from his DD Form 214.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants 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 and served from 24 June 1996 to 15 September 1999. He was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, by reason of discharge in lieu of trial by court-martial and issued an under other than honorable conditions discharge. He tested positive for drugs.
3. The applicant's interactive Personnel Electronic Records Management System (iPERMS) records do not contain orders awarding him the Army Commendation Medal or the Army Achievement Medal. His records contain orders awarding him the Air Assault Badge and his DA Form 2-1 (Personnel Qualification Record) indicates he only qualified as a sharpshooter with the M-16 rifle and expert with the hand grenade.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Service Ribbon, Air Assault Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Army Commendation Medal, Army Achievement Medal, and Expert Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214.
2. There is no evidence of record and the applicant has provided no evidence to show he was ever recommended for or awarded the Army Commendation Medal or the Army Achievement Medal. There is also no evidence to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
3. In the absence of evidence to the contrary, it appears the applicant's DD Form 214 is correct. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090017614
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017614
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002408
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and Expert Marksmanship Qualification Badge with Rifle Bar. The corresponding marksmanship qualification badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140008043
The applicant requests inclusion of his 16 January 2003 to 4 April 2004 deployment and the Navy Unit Commendation on his last DD Form 214 (Certificate of Release or Discharge from Active Duty). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the applicant's 15 October 2010 DD Form 214...
ARMY | BCMR | CY2008 | 20080012017
The applicant requests, in effect, that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Army Achievement Medal, a certificate of achievement for being Soldier of the Month, a commendation for being Soldier of the...
ARMY | BCMR | CY2012 | 20120002730
There is no evidence of record which shows he qualified expert with the M-14 rifle. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than...
ARMY | BCMR | CY2011 | 20110011750
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the following: * Army Achievement Medal * Army Commendation Medal * Army Commendation Medal (First Oak Leaf Cluster) * Military Traffic Management Command (MTMC) Soldier of the Year * Expert Marksmanship Qualification Badge with 9 millimeter (9mm) Pistol Bar * Ammunition Driver and Handler Certification 2. Therefore, it would be appropriate at this time to award him...
ARMY | BCMR | CY2009 | 20090003674
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 March 1994 to show awards of the Army Achievement Medal, the National Defense Service Medal, the Army Good Conduct Medal (1st Award), the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2013 | 20130018761
The applicant requests correction of his records to show - * his period of foreign service as 1 year, 6 months, and 8 days * award of the Army Reserve Components Overseas Training Ribbon * correction of the entry for the Armed Forces Reserve Medal to show it with a silver hourglass * correction of his Army Reserve Components Achievement Medal to show it as a fifth award * conversion of his Global War on Terrorism Expeditionary Medal to the Iraq Campaign Medal with two bronze service stars 2....
ARMY | BCMR | CY2011 | 20110008557
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards, ribbons, and medals he received including, but not limited to, the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Sharpshooter Marksmanship...
ARMY | BCMR | CY2014 | 20140004468
The applicant requests reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Service Ribbon * Army Reserve Components Achievement Medal * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar 2. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status...
ARMY | BCMR | CY2010 | 20100013301
The applicant requests correction of his records to show award of the Korea Defense Service Medal. The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal because he served in Korea; however, the service medal was authorized after he was discharged from the U.S. Army. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...