IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003787
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 two applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the Army Good Conduct Medal (2d award) and that his award of the Sharpshooter Marksmanship Qualification Badge be corrected to show that it is with a grenade bar.
2. The applicant states, in effect, that his DD Form 214 does not reflect his award of the Army Good Conduct Medal (2d award) and it reflects that his Sharpshooter Marksmanship Qualification Badge has a rifle bar instead of a grenade bar.
3. The applicant provides a copy of his orders awarding him the Army Good Conduct Medal (2d award) and a copy of his DA Form 2-1 (Personnel Qualification Record Part II) showing his award of the Sharpshooter Marksmanship Qualification Badge with grenade bar.
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 applicants 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 applicants 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 under the civilian acquired skills program as an interior electrician on 6 October 1989 for a period of 6 years.
3. On 6 September 1995, he was awarded the Army Good Conduct Medal (2d award) and on 9 August 1996 he was awarded the Sharpshooter Marksmanship Qualification Badge with hand grenade bar.
4. On 25 June 1998, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 and the Early Release Program Special Separation Benefit (SSB). He had served 8 years, 8 months, and 20 days of total active service. His foreign service included Saudi Arabia, Germany, Cuba and Bosnia.
5. His DD Form 214 issued at the time of his discharge shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar and it does not reflect his award of the Army Good Conduct Medal (2d award).
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that his DD Form 214 incorrectly reflects the award of the Sharpshooter Marksmanship Qualification Badge with rifle bar and it does not reflect his award of the Army Good Conduct Medal (2d award) have been noted and found to have merit.
2. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with hand grenade bar; however, his DD Form 214 was prepared to reflect the Sharpshooter Marksmanship Qualification Badge with rifle bar. Accordingly, his DD Form 214 should be corrected at this time.
3. The applicant was also awarded the Army Good Conduct Medal (2d award) and it was omitted from his DD Form 214. Accordingly, it should be added at this time as well.
BOARD VOTE:
_____X___ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the award of the Sharpshooter Marksmanship Qualification Badge with rifle bar from his DD Form 214
* Adding the Sharpshooter Marksmanship Qualification Badge with hand grenade bar to his DD Form 214
* Adding the Army Good Conduct Medal (2d award) to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110003787
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ABCMR Record of Proceedings (cont) AR20110003787
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