IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100014628 


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, award of the Expert Marksmanship Qualification Badge with Rifle Bar, Combat Lifesaver Badge (sic), Physical Fitness Badge recognizing his Army Physical Fitness Test (APFT) score of 300, and recognition for completing "Dragon Gunner Boot Camp 96."  In addition, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service from 28 March 1996 to 28 March 2000.

2.  The applicant states, in effect, that he has been trying to get the aforementioned awards, badges, or certifications entered on his DD Form 214 since he separated nearly 10 years ago.  He states his DD Form 214 was prepared in the Republic of Korea and the separation processing personnel did not have his complete military records. 

3.  The applicant did not provide any supporting documentary evidence with 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.  The applicant enlisted in the Regular Army on 28 March 1996 for a period of
4 years.  He completed his initial entry training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the:

* Army Good Conduct Medal (1st award)
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on
7 May 1996

4.  Orders 333-006, issued by the Camp Casey Transition Center [Korea], dated
29 November 1999, honorably released the applicant from active duty on
4 January 2000 and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he was released from active duty for the purpose of attending school.  It also confirms he completed 3 years, 9 months, and 7 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  The applicant's training records are not available for the Board's review.

6.  Army Regulation 600-8-22 (Military Awards) states the Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 


1 February 1999, Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event on the APFT and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence. Soldiers are required to meet the above criteria each record test to continue to wear the badge.  Permanent Orders are not required for award of the Physical Fitness Badge.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states the Physical Fitness Badge is the only insignia authorized for wear on the physical fitness uniform or the improved physical fitness uniform.  

8.  Army Regulation 635-5 (Separation Documents), effective 30 September 2000, provided that a DD Form 214 must be prepared for all Soldiers at the time of their retirement, discharge, or release from active duty service or control of the Active Army.  This regulation establishes the standardization policy for preparing and distributing the DD Form 214 to include the use of proper source documents in the preparation of the DD Form 214.  The source documents include the Soldier's enlisted record brief, approved separation authority documentation, separation order, and any other document authorized for filing in the Soldier's Official Military Personnel File (OMPF).  Further guidance provides that the Soldier's ending date of continuous active duty is the date identified in the separation order.  In addition, it specifies the priority sequence for the order of precedence for awards and decorations.

9.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  A properly trained combat lifesaver is capable of stabilizing many types of casualties and can slow the deterioration of a wounded individual's condition until medical personnel arrive.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.  There is no provision for a badge or medal for completing the Combat Lifesaver Course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he qualified as a marksman with his M-16 rifle on 7 May 1996.  His personnel service record is void of any marksmanship qualification record for the years 1997, 1998, and 1999 and he did not provide any documentation to show he qualified as an expert with his M-16 rifle during his 4-year period of service.  Therefore, there is insufficient evidence upon which to base award of the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  In addition, there is no merit to his contention that he should be awarded the Combat Lifesaver Badge.  There is no award or badge recognized in Army Regulation 600-8-22 for completing the Combat Lifesaver Course.  There is also no evidence of record and the applicant did not provide any evidence that he completed such a course.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  While the Physical Fitness Badge is an authorized badge in accordance with Army Regulation 600-8-22, there is no evidence of record and the applicant did not provide any evidence that shows he met the qualifications for award of the Physical Fitness Badge.  Therefore, there is no basis for granting this portion of the applicant's request.

4.  All military personnel participate in various training programs and military training exercises to strengthen their individual and collective unit training effectiveness.  Named training exercises are not recorded in Army Regulation 600-8-22.  Therefore, there is no basis for correcting his DD Form 214 to show the "Dragon Gunner Boot Camp 96" training exercise.

5.  Separation orders announced the applicant's release from active duty, effective 4 January 2000, and transfer to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  There is no evidence of record and he did not provide any evidence to show he was retained on active duty and subsequently released from active duty on 28 March 2000.  In fact, his DD Form 214 shows he was released from active duty to attend school which would indicate he was released prior to the expiration of 4-year enlistment.  Therefore, lacking sufficient and compelling evidence to show he remained on active duty until 28 March 2000, there is no basis for granting this portion of his requested relief.

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)                                         AR20100014628



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ABCMR Record of Proceedings (cont)                                         AR20100014628



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