BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110009633 


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 show the Driver and Mechanic Badge, Combat Lifesaver Training, Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

2.  The applicant states he is very proud of his service with the U.S. Army.  He recently located orders for his "Driver's Badge with Wheeled Device" and training records showing his training as a Combat Lifesaver.  He also located scorecards for his three most recent weapons qualifications prior to departing the Army.  He feels his DD Form 214 is incomplete and inaccurate and adding these awards will make his DD Form 214 complete.

3.  The applicant provides:

* Permanent Orders 338-2, Headquarters 3d Battalion, 73d Armored Regiment, Fort Bragg, NC, announcing award of the "Driver's Badge with Wheeled Device"
* Certification Form which records training of the Combat Lifesaver Course
* Record Fire Scorecard, dated 4 March 1997
* Hand Grenade Qualification Scorecard, dated 28 April 1995
* Combat Pistol Qualification Course Scorecard, dated 27 May 1997 



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 17 March 1995.  He completed his initial training and he was awarded military occupational specialty 19D (Cavalry Scout).

3.  He was honorably released from active duty effective 16 March 1998 as a specialist/E-4.  He had completed 3 years of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Armed Forces Service Medal, Army Achievement Medal, Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and North Atlantic Treaty Organization Medal.

4.  A DD Form 215 (Correction to DD Form 214) shows the Armed Forces Expeditionary Medal and Parachutist Badge were added.  Additionally, Basic Airborne training and Emergency Lifesaver training were added to item 14 (Military Education) and service in Bosnia-Herzegovina from 19970813-19980202 was added to item 18 (Remarks).

5.  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.  Paragraph 8-54d states permanent orders are not required for award of the marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.  The regulation also provides for award of the Driver and Mechanic Badge with component bar Driver-W (for wheeled vehicles).

6.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides 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.  It states for item 14 to list formal in-service (full-time attendance) training courses successfully completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 

7.  In support of his request the applicant provided copies of:

	a.  Permanent Orders 338-2, Headquarters 3d Battalion, 73d Armored Regiment, Fort Bragg, NC, dated 21 November 1996, which announce the Driver's Badge with Wheeled Device for the period 1 November 1995 to 1 November 1996 was awarded to PFC B____ G____ and 11 other Soldiers, including the applicant.

	b.  Record Fire Scorecard which shows the applicant qualified as a Sharpshooter on 4 March 1997.  "M-16" is handwritten and highlighted at the top of the form.

	c.  Hand Grenade Qualification Scorecard, dated 28 April 1995, showing the applicant met the qualification standard of First Class.

	d.  Combat Pistol Qualification Course Scorecard, dated 27 May 1997, showing Expert qualification.  [The applicant states that the scorer (SGT M____ V____), originally wrote his name at the top of the form then corrected it and put the applicant's name on the card.]

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Driver and Mechanic Badge, Combat Lifesaver Training, Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

2.  The applicant provided permanent orders awarding him the Driver's Badge with Wheeled Device.  The current name for the badge is the Driver and Mechanic Badge with Driver-W Bar.

3.  He also provided copies of scorecards showing he qualified for the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

4.  His DD Form 214 should be corrected to show these badges.

5.  He provided certification showing he completed 80 hours [2 weeks] of combat lifesaver initial certification training while he was assigned to Company A, 3d Battalion, 73d Armored Regiment.  There is no evidence this training is not the same as the Emergency Lifesaver training he also completed in 1996.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  __x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 13 of his DD Form 214 the:

* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

2.  The Board further determined 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 Combat Lifesaver Training to his DD Form 214.



      ___________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)                                         AR20110003785



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009633



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1