IN THE CASE OF:	

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010452 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* two Imjin Scout Insignia Certificates
* a second award of the Overseas Service Ribbon
* an Expert Marksmanship Qualification Badge with Missile Bar

2.  The applicant states the awards are not listed on his DD Form 214.  He performed duties as a tube-launched, optically-tracked, wire-guided (TOW) missile crewman for nearly 5 years, but his DD Form 214 does not even show he qualified with this weapon system.  Additionally, he completed two overseas tours of duty in Korea and he was awarded two Imjin Scout Certificates.

3.  The applicant provides the following documents:

* a DD Form 214 for the period ending 5 November 1982
* The Imjin Scout Insignia Certificate for the period ending 8 May 1981
* a demilitarized zone (DMZ) permanent pass

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 records show he enlisted in the Regular Army for a period of 3 years on 27 December 1977 and held military occupational specialty 11H (Heavy Anti-Armor Weapons Crewmember).  He executed a 4-year reenlistment on 1 July 1980 and attained the rank/grade of specialist four/E-4.

3.  His records show he served in Korea from 5 May 1978 to 7 May 1979 and from 26 November 1980 to 25 November 1981.

4.  He was discharged from active duty on 5 November 1982 under honorable conditions.  He completed 4 years, 9 months, and 13 days of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show he qualified with any weapon or weapon system other than the M-16 rifle.

7.  On 23 April 2007, he was issued a DD Form 215 (Correction to DD Form 214) awarding him the Korea Defense Service Medal.

8.  There is no other indication in his records (orders, memorandum, endorsement, disposition form, or weapon qualification score sheet) that shows he qualified with the TOW missile or the degree of qualification.

9.  He submitted a copy of his DMZ permanent pass and a certificate for the Imjin Scout Insignia presented for his commendable service in the defense of freedom along the DMZ in Korea from 25 February 1981 to 8 May 1981.

10.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  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 on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The 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 (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, etc.).  Award of marksmanship badges is not permanent.  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

12.  Army Regulation 600-8-22 also provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation.  Copies of certificates of achievement or commendation or memoranda of record stating that a certificate of achievement or commendation has been awarded and citing the service recognized will be distributed to the official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his Imjin Scout Insignia Certificate, a second award of the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Missile Bar.

2.  The evidence of record shows he completed two overseas tours of duty in Korea from 5 May 1978 to 7 May 1979 and from 26 November 1980 to 25 November 1981; therefore, he is entitled to award of two Overseas Service Ribbons and correction of his DD Form 214 to show a second award.

3.  With respect to the marksmanship qualification badge, there is no evidence in his records and he did not provide any evidence that shows he qualified with the TOW missile or the degree of such qualification.  In the absence of orders, a memorandum, an endorsement, a disposition form, or a weapon qualification score sheet that shows he qualified with the TOW missile and/or the degree of qualification, there is insufficient evidence to award him this badge.

4.  With respect to the Imjin Scout Insignia Certificate, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the 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 the evidence presented is 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 deleting from his DD Form 214 the Overseas Service Ribbon and adding the Overseas Service Ribbon (2nd Award).

2.  The Board further determined 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 Imjin Scout Insignia Certificate and the Expert Marksmanship Qualification Badge with Missile Bar.



      _____________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)                                         AR20100010452



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ABCMR Record of Proceedings (cont)                                         AR20100010452



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