IN THE CASE OF:	  

		BOARD DATE:	  9 December 10

		DOCKET NUMBER:  AR20100014619 


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) with a separation date of 8 October 1983 to add the Army Good Conduct Medal.  He also requests to be issued the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant also requests to be issued the Marksman Marksmanship Qualification Badge with Rifle Bar and ribbons for completion of the:

* National Safety Council Defensive Driving Course
* English as a Second Language Pre-Basic Program
* Headstart German Language and Culture Course
* Motor Transport Operator's Course

3.  The applicant states he never received the ribbons or medals for the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant provides copies of:

* Headquarters, 1st Cavalry Division, Permanent Orders 156-59, dated 9 November 1983, awarding him the Army Good Conduct Medal
* his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a separation date of 8 October 1983
* a record firing form, dated 11 February 1983
* a certificate of completion for the National Safety Council Defensive Driving Course
* a certificate of completion for the English as a Second Language Pre-Basic Program
* a certificate of completion for the Headstart German Language and Culture Course
* a certificate of completion for the Motor Transport Operator's Course

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 military personnel records show he enlisted in the Regular Army on 25 September 1980 for 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64C (Motor Transport Operator).

3.  Headquarters, 1st Cavalry Division, Permanent Orders 156-59, dated 9 November 1983, awarded the applicant the Army Good Conduct Medal for his dates of service from 9 October 1980 to 8 October 1983.

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded or is authorized the:

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  On 8 October 1983, the applicant was released from active duty.  He completed 3 years of active service that was characterized as honorable.  He had 14 days of lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) DD Form 214 did not show he was awarded the Army Good Conduct Medal.  Item 24 did show he was authorized or awarded the:

* Army Service Ribbon 
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  The record firing form, dated 11 February 1983, shows the applicant qualified as a Marksman.  However, his records do not show what weapon was used to attain the scores indicated on the form.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  This regulation does not provide for the award of a ribbon for the completion of the:

* National Safety Council Defensive Driving Course
* English as a Second Language Pre-Basic Program
* Headstart German Language and Culture Course
* Motor Transport Operator's Course

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be issued the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.  He also contends he should be issued a ribbon for completion of the:

* National Safety Council Defensive Driving Course
* English as a Second Language Pre-Basic Program
* Headstart German Language and Culture Course
* Motor Transport Operator's Course

2.  Orders in the applicant's military personnel records jacket show he was awarded the Army Good Conduct Medal.  Therefore, it is appropriate to add this award to item 24 of his DD Form 214 and issue him the medal.

3.  The applicant's DA Form 2-1 and his DD Form 214 show he was awarded or is authorized the following awards and it is appropriate to issue him these awards.

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  There is no record of the applicant having been awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  The record firing form submitted by the applicant does not identify the weapon used in qualifying.  Therefore, there is insufficient basis to award him the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  There are no provisions for awarding ribbons for completion of the:

* National Safety Council Defensive Driving Course
* English as a Second Language Pre-Basic Program
* Headstart German Language and Culture Course
* Motor Transport Operator's Course

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 amending item 24 of the applicant's DD Form 214 with separation date of 8 October 1983 to show he was awarded the Army Good Conduct Medal.

2.  The Board further recommends the applicant be issued the:

* Army Good Conduct Medal
* Army Service Ribbon 
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

3.  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 Marksman Marksmanship Qualification Badge with Rifle Bar and ribbons for completion of the:

* National Safety Council Defensive Driving Course
* English as a Second Language Pre-Basic Program
* Headstart German Language and Culture Course
* Motor Transport Operator's Course



      ____________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)                                         AR20100014619



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014619



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1