IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090017808 


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, in effect, correction of his records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Army Commendation Medal
* award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* award of "wings"
* he received a letter of appreciation and a letter of commendation
* his rank/pay grade at the time of his relief from active duty was sergeant (SGT)/pay grade E-5
* he was a member of the "Run For Your Life" 100 Mile Club
* he was a qualified drill sergeant at the time of his separation
* he was a chemical, biological, radiological (CBR) equipment operator
* he was a member of a decontamination team
* he participated in the Hometown Recruiting Assistance Program

2.  The applicant states, in effect, that he participated in a mission to deliver HAWK missiles to the Shah of Iran.  He also states his unit was disbanded and relocated from Homestead, Florida, to Fort Bragg, North Carolina.  As a result, his unit was not all together when he departed.  The applicant desires to have his record corrected so he can justify service connection for his injured ears and knee to the Department of Veterans Affairs.  The applicant states he cannot understand how most of his records could be missing.

3.  As documentary evidence in support of this request, the applicant provides copies of:

* a letter of commendation
* an article extracted from a newspaper
* a certificate for the "Run For Your Life" 100 Mile Club
* a memorandum appointing him as a 1M-174 (radiacmeter) operator
* a memorandum appointing him as a decontamination team member
* two letters of appreciation
* page 4 of a DA Form 2-1 (Personnel Qualification Record - Part II)
* a DD Form 214 for the period 25 April 1977 through 24 April 1980
* guidance for the use of deadly force
* special orders

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 25 April 1977.  He completed basic combat training and advanced individual training (AIT).  Upon completion of AIT he was awarded military occupational specialty 16J (Defense Acquisition Radar Crewman).  The applicant continued to serve on active duty until he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 24 April 1980.

3.  Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, Texas, Orders 221-116, dated 25 October 1977, show that following AIT, the applicant was assigned for temporary duty with the St. Louis District Recruiting Command with duty at the Thayer Recruiting Station located in Thayer, Missouri, for the purpose of participating in the Hometown Recruiting Assistance Program for a period of approximately 30 days.

4.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 which covers the period of his active duty service shows he served as a recruiter and career counselor with the St. Louis District Recruiting Command during the period 31 October 1977 through 29 December 1977.

5.  The applicant's record contains and he also provides a letter of commendation rendered by the Acting Commander, Headquarters and Headquarters Battery, 3d Air Defense Artillery (ADA) Training Battalion (Missile), 1st ADA Training Brigade, Fort Bliss, Texas, dated 11 August 1977, recognizing the applicant as the honor graduate for his AIT class.  The commander informed the applicant a copy of this letter would be placed in his military personnel records jacket (MPRJ) and it was posted accordingly.

6.  The applicant's record contains and he also provides a letter of appreciation rendered by the Commander, Headquarters, 2d Battalion (Hercules), 52d ADA, Homestead Air Force Base, Florida, dated 14 December 1978, recognizing the professionalism and enthusiasm displayed by the applicant and other members of the Defense Augmentation Reserve Force (DARF) during a recent Department of the Army Inspector General Nuclear Surety Inspection conducted on 4 December 1978.  The commander informed the applicant a copy of this letter would be placed in his MPRJ and it was posted accordingly.  His record also contains letters of endorsement from his battalion and battery-level commanders.

7.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's active duty DA Form 2-1 shows he was awarded or authorized to wear the Army Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) (effective 9 February 1978), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) (effective 27 February 1979).  This form does not show award or authorized wear of the Army Commendation Medal, the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), or any type of wings.

8.  Item 18 (Appointments and Reductions) of the applicant's active duty DA Form 2-1 shows he was promoted to the rank/pay grade of specialist four (SP4)/E-4 on 21 August 1978 and that was the highest rank/pay grade he attained during his period of active duty service.

9.  The applicant's available record is devoid of any evidence and he has failed to provide any orders or other documents that indicate he was ever recommended for or promoted to the rank/pay grade of SGT/E-5 during his period of active duty service.

10.  Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) of the applicant's DD Form 214 show he held the rank/pay grade of SP4/E-4 at the time of his release from active duty.

11.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

12.  The applicant's record contains a DA Form 2A (USAR - Personnel Qualification Record), dated 25 January 1986, wherein his rank in the USAR is shown as SP4 with a date of rank (DOR) of 23 July 1985.

13.  The applicant's record contains a DA Form 2-1 covering his service in the USAR.  Item 9 of this form does not show award or authorized wear of the Army Commendation Medal, the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), or any type of wings.  Item 18 of this form shows his rank in the Regular Army as SP4 with a DOR of 21 August 1978 and his rank in the USAR as SP4 with a DOR of 23 July 1985.  Item 35 of this form shows he performed the duties of a drill sergeant for an unspecified period of time beginning 23 July 1985.

14.  The applicant provides a DA Form 4980-14 (Army Commendation Medal Certificate), dated 5 May 1980, which shows he was awarded the Army Commendation Medal for exceptionally meritorious service from 3 January 1978 to 24 April 1980.  The applicant's record is devoid of and he has failed to provide any orders awarding him the Army Commendation Medal by proper authority.

15.  The applicant's record is devoid of and he has failed to provide any orders or other documents that indicate he was ever qualified for, recommended for, or awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) or any type of wings by proper authority.

16.  The applicant provides copies of the following documents:

	a.  an undated article extracted from the Thayer News newspaper discussing his enlistment in the Army, his initial entry training, and his participation in the Hometown Recruiting Assistance Program in order to corroborate his participation in the program;

	b.  a certificate from the ADA Training Brigade, Fort Bliss, Texas, dated 12 August 1977, recognizing his successful completion of 120 miles of running and his membership in the "Run For Your Life" 100 Mile Club;

	c.  a memorandum, dated 9 May 1978, showing he was appointed as a 
1M-174 (radiacmeter) operator for Headquarters and Headquarters Battery, 3d Battalion (HAWK), 68th ADA, Homestead, Florida;

	d.  a memorandum, dated 21 July 1978, showing he was appointed as a member of the decontamination team for Headquarters and Headquarters Battery, 3d Battalion (HAWK), 68th ADA;

	e.  page 4 of his USAR DA Form 2-1 wherein item 35 of this form shows he performed the duties of a drill sergeant for an unspecified period of time beginning 23 July 1985;

	f.  his DD Form 214 for the period 25 April 1977 through 24 April 1980 whereon someone has handwritten "The Army Commendation Medal" in item 13;

	g.  a list of five situations in which it is appropriate to use deadly force; and

	h.  a list of eight special orders that were to be carried by all DARF personnel while deployed.

17.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 600-8-22 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.

19.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies, operating tasks, and steps governing the OMPF.  This regulation states that only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Obsolete or No Longer Used Documents) are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  This regulation does not provide for the permanent filing of additional duty appointment memorandums.  There is no provision for the permanent filing of documentation pertaining to membership in locally run clubs or organizations.

20.  Army Regulation 635-5 (Separation Documents), in effect at the time, Prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states

	a.  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;

	b.  the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate;

	c.  the active duty rank and pay grade at the time of separation will be entered in Blocks 4a and 4b of the DD Form 214; and

	d.  awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered in Block 13 of the DD Form 214.  Each entry will be verified by the Soldier's records.  There is no provision for annotating the receipt of letters or certificates on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records and DD Form 214 should be corrected to show:

* award of the Army Commendation Medal
* award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* award of "wings"
* he received a letter of appreciation and a letter of commendation
* his rank/pay grade at the time of his relief from active duty was SGT/E-5
* he was a member of the "Run For Your Life" 100 Mile Club
* he was a qualified drill sergeant at the time of his separation
* he was a CBR equipment operator
* he was a member of a decontamination team
* he participated in the Hometown Recruiting Assistance Program

2.  These contentions were carefully considered and determined to have partial merit.

3.  The evidence shows the applicant qualified for award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) on 9 February 1978.  Therefore, he is entitled to correction of his DD Form 214 to show award of this marksmanship qualification badge.

4.  The evidence shows the applicant's participation in the Hometown Recruiting Assistance Program is properly documented on the applicant's DA Form 2-1.  Therefore, there is no need for corrective action on this matter.

5.  The evidence shows the applicant's letter of commendation and letter of appreciation are properly posted in his OMPF.  Therefore, there is no need for corrective action on these matters.

6.  The applicant's available record is devoid of any evidence and he has failed to provide any orders or other documents that indicate he was ever recommended for or promoted to the rank/pay grade of SGT/E-5 during his period of active duty service.  Therefore, he is not entitled to correction of his DD Form 214 to show he held the rank/pay grade of SGT/E-5 at the time of his relief from active duty.

7.  Army Regulation 600-8-22 provides that formal recommendations, approval through the chain of command, and announcement in orders are required for award of all personal decorations.  Although the applicant provides an Army Commendation Medal Certificate, his record is devoid of and he has failed to provide any orders awarding him the Army Commendation Medal by proper authority.  As a result, the regulatory burden of proof necessary to support award of the Army Commendation Medal has not been satisfied in this case and there is no basis upon which to grant this portion of the applicant's requested relief.

8.  There are no orders in the applicant's records that show he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  His record is devoid of any documentary evidence and he has failed to provide any evidence that he qualified as a marksman with any type of pistol during a prescribed record-fire course.  Therefore, there is no basis upon which to grant this portion of the applicant's requested relief.

9.  The applicant's record is devoid of and he has failed to provide any orders or other documents that indicate he was ever qualified for, recommended for, or awarded or any type of wings by proper authority.  Therefore, there is no basis upon which to grant this portion of the applicant's requested relief.

10.  The fact that the applicant was a member of the "Run For Your Life" 100 Mile Club, a CBR equipment operator, and a member of a decontamination team are not disputed.  However, there are no regulatory provisions for the permanent filing of additional duty appointment memorandums or documentation pertaining to membership in locally run clubs or organizations in the OMPF.  Therefore, there is no basis upon which to grant this portion of the applicant's requested relief.

11.  The evidence clearly shows the applicant did not serve as a drill sergeant until he was in the USAR several years after he was relieved from active duty.  Army Regulation 635-5 provides 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.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show he was a qualified drill sergeant during the period of service covered.

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 Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) to Block 13 of his 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 correcting his record to show:

* award of the Army Commendation Medal
* award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* award of "wings"
* his rank/pay grade at the time of his relief from active duty was SGT/E-5
* he was a member of the "Run For Your Life" 100 Mile Club
* he was a qualified drill sergeant at the time of his separation
* he was a CBR equipment operator
* he was a member of a decontamination team



      ____________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)                                         AR20090017808



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ABCMR Record of Proceedings (cont)                                         AR20090017808



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