IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110012456 


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 award of the Army Achievement Medal with 1st oak leaf cluster [indicating 2nd Award] and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  He states, in effect, the DD Form 214 he was provided at the time of his discharge does not recognize the Army Achievement Medal he was awarded and also erroneously shows that he only qualified as a Sharpshooter with the M-16 rifle.

3.  He provides a:

* DA Form 638 (Recommendation for Award)
* DA Form 4980-18 (Army Achievement Medal Certificate)

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 1993 and held military occupational specialty 71L (Administrative Specialist).  The highest rank/pay grade he attained while serving on active duty was private (PV2)/E-2.  However, at the time of his separation he held the rank/pay grade of private (PV1)/E-1.

3.  His record contains a DA Form 638, initiated on 22 March 1994, which shows he was recommended for and awarded the Army Achievement Medal for meritorious service from 19 July 1993 to 18 July 1994 by United Nations Command Security Force-Joint Security Area (UNCSF-JSA) Permanent Order Number 001-19, dated 1 April 1994.  Item 13 (Previous Awards) of this form indicates he had no previous awards.

4.  His record contains (and he also provides) a DA Form 638, initiated on 9 May 1994, which shows he was recommended for and awarded the Army Achievement Medal with 1st oak leaf cluster for meritorious achievement while assigned to the UNCSF-JSA, Panmunjon, Korea from 15 January to 14 February 1994 by UNCSF-JSA Permanent Order Number 006-46, dated 16 May 1994.  Item 13 of this form indicates he was previously awarded an Army Achievement Medal.

5.  His record also contains UNCSF-JSA permanent orders, dated 24 June 1994, that show Permanent Orders 006-46 (which awarded him the Army Achievement Medal with 1 oak leaf cluster) were revoked.

6.  His record contains a DA Form 2-1 (Personnel Qualification Record-Part II).  Item 5 (Oversea Service) shows he served in the Republic of Korea from 20 July 1993 through 19 July 1994.  Item 9 (Awards, Decorations & Campaigns) of this form shows he was awarded or authorized to wear the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
based upon qualifying with the weapon on 30 August 1993

7.  His record is void of any evidence and he has not provided any evidence which shows he subsequently qualified as an Expert with this weapon.

8.  The complete facts and circumstances of the applicant's separation are not available for review.  However, his DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (for the good of the service - in lieu of trial by court-martial) on 16 August 1994.  His service was characterized as under other than honorable conditions.  This form also shows in:

	a.  Item 12f (Foreign Service) he served overseas for a total of 1 year, 0 months, and 26 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Paragraph 1–17 (Character of service) of Army Regulation 600-8-22 (Military Awards) provides a medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.  The determination of "honorable" will be based on such honest and faithful service according the standards of conduct, courage, and duty required by law and customs of the service of a member of the grade to whom the standard is applied.  Commanders will ensure that individuals on whom favorable personnel actions have been suspended neither are recommended for nor receive awards during the period of the suspension.  Additionally, other-than-honorable service subsequent to submission of the recommendation for an award must be promptly reported to the awards approving authority with a recommendation for appropriate action.

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.  

11.  Army Regulation 635-5 (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 all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service will be entered in item 13.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Army Achievement Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) were carefully considered and determined to have partial merit.

2.  Evidence shows he was awarded the Army Achievement Medal by Permanent Order Number 001-19, dated 1 April 1994.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.

3.  Although the applicant provides a DA Form 638-1 which shows he was awarded the Army Achievement Medal with 1st oak leaf cluster by Permanent Order Number 006-46, dated 16 May 1994, evidence shows this order was revoked by the orders issuing authority on 24 June 1994.

4.  Army Regulation 600-8-22 provides a medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.  In view of the foregoing, there is no basis for modifying his record to show award of an additional Army Achievement Medal.

5.  The applicant's DA Form 2-1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) based upon qualifying with the weapon on 30 August 1993.  His record is void of any evidence and he has not provided any evidence which shows he subsequently qualified as an Expert with this weapon.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 the applicant's record be corrected by adding to item 13 of his DD Form 214 the Army Achievement Medal.

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 correcting his DD Form 214 to show award of the Army Achievement Medal with 1st oak leaf cluster and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  



      ___________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)                                         AR20110012456





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ABCMR Record of Proceedings (cont)                                         AR20110012456



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