IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007626 


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 Army Commendation Medal, two Army Achievement Medals, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge.

2.  The applicant states that these awards were not entered on his DD Form 214 by the personnel office at Fort Lewis, Washington.

3.  The applicant provided no additional documentation in support of his 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.  On 3 December 1985, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).  This MOS later became MOS 88M.

3.  On 8 May 1986, the applicant was assigned to the 1st Squadron, 2nd Armored Cavalry Regiment, in the Federal Republic of Germany with duties as a motor transport operator.

4.  On 4 August 1986, the applicant was advanced to the rank of private first class, pay grade E-3.  For reasons undocumented in the available records, he was reduced to private, pay grade E-2 on 3 September 1986.

5.  The applicant was again advanced to private first class, pay grade E-3 on 
3 January 1987, and to specialist, pay grade E-4 on 1 August 1988.

6.  On 30 March 1989, the applicant departed Europe for Fort Lewis, Washington.

7.  On 5 April 1989, the applicant was assigned to Company C, 709th Support Battalion, Fort Lewis with the duties of a vehicle driver.

8.  On 13 November 1990, the applicant was reduced to private, pay grade E-2.  The available records do not contain any documentation showing the reason(s) for his reduction.

9.  On 1 October 1991, the applicant was advanced to private first class.  On 
1 January 1992, he was advanced to specialist/pay grade E-4.

10.  On 21 November 1992, the applicant was honorably released from active duty under the authority of Army Regulation 635-200, paragraph 16-8, due to the "Qualitative Retention Program" and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 6 years, 11 months, and 
19 days of creditable active duty service.

11.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Overseas Service Ribbon, and the Marksman [Marksmanship Qualification] Badge with Rifle [Bar].

12.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) indicates his awards included one Overseas Service Ribbon, one Army Service Ribbon, and the National Defense Service Medal.  This item also indicates he had qualified as a marksman with the M-16 rifle on 3 February 1986.

13.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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, distinguishes 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;

	b.  Army Achievement Medal may be awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;

	c.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  A second award is denoted by affixing a bronze clasp with two loops; and

	d.  marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

14.  Title 10 of the U.S. Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal, two Army Achievement Medals, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge.

2.  The available evidence does not show the applicant was recommended for or awarded an Army Commendation Medal or any Army Achievement Medals.  Therefore, his request for these awards should be denied.

3.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal or Army Achievement Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC §1130.

4.  The available evidence clearly shows the applicant served a sufficient period of time in the Regular Army for award of the Army Good Conduct Medal with bronze clasp and two loops.  However, his unexplained reductions in rank indicate that the quality of his service may not have risen to the level of distinction required for award of this medal.  Therefore, his request for the Army Good Conduct Medal should be denied.

5.  There is no evidence in the available record that shows the applicant qualified as an expert with any weapon.  Therefore, his request for the Expert Marksmanship Qualification Badge should be denied.



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)                                         AR20100007626



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)