BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005784
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) to add his Army Achievement Medal (AAM) and his qualification with the M-60 Machine Gun.
2. He states the AAM and his M-60 qualification are missing from his transcript of service that was filed with the National Personnel Records Center (NPRC) in St. Louis, MO.
3. He did not provide any additional documentation.
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. His military personnel record shows he enlisted in the Regular Army on
19 August 1982. After completion of training, he served in military occupational specialty 63B (Light Wheeled Vehicle Mechanic).
3. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not reflect his AAM or his qualification with the M-60 Machine Gun.
4. His records do not contain orders for the AAM or that he qualified with the
M-60 Machine Gun.
5. On 13 June 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the AAM or that he qualified with the M-60 Machine Gun.
6. Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22 also 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.
8. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
10. Chapter 2 of the same regulation contains guidance on the preparation of the DD Form 214. It states to enter in item 13 all decorations, medals, badges, citations, and campaign ribbons awarded or authorized in the order of merit they are listed in the Armys awards regulation. It also states that this information will be obtained from the Soldiers DA Form 2-1.
DISCUSSION AND CONCLUSIONS:
1. His request to add his AAM and his qualification with the M-60 Machine Gun to his DD Form 214 was carefully considered.
2. The applicant has not provided sufficient evidence and his record does not contain any evidence to show he was awarded the AAM or that he qualified with the M-60 Machine Gun.
3. As such, he is not entitled to the 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) AR20110005784
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ABCMR Record of Proceedings (cont) AR20110005784
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