IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003454


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was awarded the Army Commendation Medal (2nd Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states the Army Commendation Medal (2nd Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar are not shown in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214.

3.  The applicant provides:

* her DD Form 214
* page 1 of her of DA Form 2-1 (Personnel Qualification Record - Part II)
* an Illinois Department of Veterans Affairs (IDVA) Form 200

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 (RA) on 17 October 1985.  She completed training and she was awarded military occupational specialty 94B (food service specialist).  She reenlisted in the RA on 8 April 1988.

3.  Permanent Orders 28-3, issued by Headquarters, U.S. Army Training Center, Fort Jackson, SC, dated on 20 March 1989, awarded her the Army Good Conduct Medal (1st Award) for the period 17 October 1985 through 16 October 1988.

4.  Permanent Orders 163-017, issued by the same headquarters, dated
18 September 1991, awarded her the Army Good Conduct Medal (2nd Award) for the period 17 October 1988 through 16 October 1991.

5.  Permanent Orders Number 23-003, issued by the same headquarters, dated 4 February 1992, awarded her the Army Commendation Medal as an expiration of term of service (ETS) award for the period 11 February 1988 to 31 December 1991.

6.  The applicant was honorably released from active duty on 4 February 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8 for the convenience of the Government under the Fiscal Year (FY) 92 Early Transition Program.  She was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed 6 years, 3 months, and 18 days of creditable active service.  The DD Form 214 she was issued at the time shows in item 13 the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Noncommissioned Officers Professional Development Ribbon
* Army Achievement Medal (3rd Award)
* Marksman Marksmanship Qualification Badge (Rifle M-16)

7.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 shows 

* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officers Professional Development Ribbon
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  There is no evidence of record and the applicant did not provide any evidence that shows she was awarded a second award of the Army Commendation Medal.

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 awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

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

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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal as an ETS award for the period 11 February 1988 to 31 December 1991.  Therefore, her DD Form 214 should be corrected to show this award.

2.  Permanent orders awarded her two awards of the Army Good Conduct Medal. Therefore, her DD Form 214 should be corrected to show the Army Good Conduct Medal (2nd Award).

3.  Her DA Form 2-1 shows she qualified sharpshooter with the M-16 rifle on
8 October 1991.  Therefore, her DD Form 214 should be corrected to show this weapon qualification.

4.  There is no evidence the applicant was awarded a second Army Commendation Medal.  Therefore, there is no basis for granting this portion of her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from item 13 of her DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and

	b.  adding to item 13 of her DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that 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 adding to item 13 of her DD Form 214 the Army Commendation Medal (2nd Award).



      _____________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20110003454



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