IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20090021276
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 the following corrections on his DD Form 214 (Report of Separation from Active Duty):
* Item 27 (Remarks) - change the course he completed from the PNCO Course to the Basic Noncommissioned Officer Course (BNCOC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - add the German Army Marksmanship Badge (Schutzenschnur) he received from the German government
2. The applicant did not make any additional statements.
3. The applicant provides a diploma from the Seventh Army Combined Arms Training Center, a certificate for a German award (German Army Marksmanship Badge in Bronze), and 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 on 28 July 1975.
3. The applicant provided a diploma from the Seventh Army Combined Arms Training Center, Vilseck, Germany which shows he successfully completed BNCOC on 21 October [year incomplete]
4. Item 17 (Civilian Education and Military Schools) on his DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed 4 weeks of training in BNCOC in 1977.
5. He provided a certificate which shows he was awarded the German Army Marksmanship Badge in Bronze on 25 November 1976.
6. The applicant was released from active duty on 27 July 1979. Item 27 on his DD Form 214 shows he completed the PNCO Course. His records do not indicate he completed a PNCO Course.
7. His DD Form 214 shows entitlement to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Badge.
8. Army Regulation 600-8-22 (Military Awards), paragraph 9-3 states foreign decorations received which have been tendered in recognition of active field service in connection with combat operations or which have been awarded for outstanding or unusually meritorious performance may be accepted and worn upon receiving the approval of the U.S. Army Human Resources Command. Table D-1 (Foreign Badges) of this regulation lists the German Army Marksmanship Badge. This badge is awarded in Bronze, Silver, and Gold.
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. Paragraph 2-4g(13) states awards and decorations are listed for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed 4 weeks of training in BNCOC in 1977. However, his DD Form 214 shows the entry PNCO Course in item 27.
2. The applicants service record does not indicate he completed a PNCO Course. It appears that an administrative error has occurred and it would be appropriate to amend this entry on his DD Form 214 to show BNCOC instead of PNCO Course.
3. The applicants certificate shows he was awarded the German Army Marksmanship Badge in Bronze. However, his service record does not include evidence which shows he was authorized to accept and wear the German Army Marksmanship Badge in Bronze. Therefore, the German Army Marksmanship Badge in Bronze is not authorized to be recorded on his 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 amending item 27 on his DD Form 214 by deleting the entry PNCO Course and replacing it with the entry BNCOC.
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 amending his DD Form 214 to show the German Army Marksmanship Badge in Bronze.
_________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) AR20090021276
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ABCMR Record of Proceedings (cont) AR20090021276
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