IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100014939 


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, correction of item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 1986 instead of 1988.  He also requests the Sharpshooter Marksmanship Qualification Badge with Rifle Bar instead of the Marksman Marksmanship Qualification Badge with Rifle Bar.  

2.  The applicant states:

* The date of his entry should be 1986 due to the Delayed Entry Program (DEP)
* He was sworn in at Fort Jackson in January/February 1987
* His awards are not all listed and some are incorrect
* His DD Form 214 shows the Marksman Marksmanship Qualification Badge but he shot "sharpshooter" every time
* He also made a perfect score coming out of basic training
* He has had amnesia for 21 years as a result of brain surgery performed by a military doctor following a car accident
* His military records were sabotaged by his squad leader because he was jealous and a racist
* He described his military career and his contributions to the Army
* He was discharged from the U.S. Army Reserve (USAR) and he enlisted in the Regular Army for a period of 4 years



3.  The applicant provides:

* Five personal letters
* 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 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 enlistment contract shows he enlisted in the USAR DEP on 
22 October 1987 for a period of 8 years.  Item 7 (Previous Military Service Upon Enlistment - Reenlistment) of his enlistment contract is blank.  On 12 January 1988, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 13 January 1988 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 16R (VULCAN crewmember).

3.  A memorandum, dated 3 April 1989, shows the applicant was disenrolled from the Military Instruction Course, effective 3 April 1989, for hospitalization of injuries.  This memorandum also states the applicant was involved in an automobile accident on 31 March 1989 and due to "minor injuries" he was hospitalized for three days.  His performance during the first two weeks was marginal and it was requested that he be medically recycled into a class starting on 21 April 1989.

4.  On 2 June 1989, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct.  He had completed
1 year, 4 months, and 20 days of creditable service.

5.  Item 12a of the applicant's DD Form 214 shows the entry "88  01  13" 
[13 January 1988].  Item 13 (Decorations, Medals, Badges, Citations and 


Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.

6.  There is no evidence of record that shows the applicant entered active duty in 1986. 

7.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he qualified as a marksman with the
M-16 rifle on 25 February 1988 and he qualified as an expert with the grenade on 
23 February 1988.

8.  There are no orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in the available records.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

10.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he has had amnesia for 21 years as a result of brain surgery performed by a military doctor following a car accident was noted.  However, evidence of record shows he was involved in an automobile accident on 31 March 1989 and due to "minor injuries" he was hospitalized for three days.  He was recycled into the Military Instruction Course on 21 April 1989.

2.  Although the applicant contends his date of entry should be 1986, his enlistment contract shows he enlisted in the RA on 13 January 1988 which is properly shown in item 12a of his DD Form 214.  Therefore, there is insufficient evidence on which to amend item 12a on his DD Form 214.  

3.  There is no evidence of record which shows the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, there is insufficient evidence in which to add this marksmanship badge to his DD Form 214.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100014939



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ABCMR Record of Proceedings (cont)                                         AR20100014939



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