IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110017870 


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 the Expert Infantryman Badge (EIB), Humanitarian Service Medal, Military Outstanding Volunteer Service Medal, and the Soldiers Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests that line 19e of his DD Form 214 show the 5 months and 22 days of prior inactive duty service he spent in the Delayed Entry Program (DEP).  Subsequently, the applicant submitted a request for promotion to sergeant pay grade E-5 and award of the Expert Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars.  

2.  The applicant states he was not treated fairly in the EIB competition because of prejudice.  He was tasked with teaching French to deploying Soldiers so they could function better in Haiti.  He was never recognized or acknowledged for this work outside of his military occupational specialty (MOS).  He says the only reason he was not promoted was that he was too modest to ask.  He even helped others to study for E-4 and E-5 promotion boards.  He notes that, after he left active duty, he graduated in the top 1 percent of his college class and was summa cum laude.  

3.  He describes his experience as a bone marrow donor.  In 1999, he volunteered for the National Bone Marrow Donor Program and his 2004 donation of bone marrow saved a child's life.  This happened as the result of his volunteering while he was still on active duty.  After being asked 19 times if he was sure he wanted to go through with it, he traveled to Washington, DC and the 


procedure was done at Georgetown University Hospital.  Although the recipient was supposed to stay in the hospital for 100 days he was released after 74 days.  The applicant's pain from the procedure has subsided but not the memory.  The applicant was in bed for a week and ambulatory with help after 6 weeks.  Nurse Sue, who looked after the applicant, cried three times because of the serendipitous event that produced this successful outcome and saved the boy's life.

4.  The applicant provides copies of a letter from the National Bone Marrow Donor Program asking that he be given as much consideration as possible for his efforts to be a donor.  He also submits three other letters about the marrow donor program.  He submits a copy of a certificate from the Army for his 2004 participation in the bone marrow donor program, a 2011 letter about that event from the Department of Defense, and a 2004 letter from Georgetown University Hospital.  He also submits copies of his 1993 high school transcript and his college transcript showing an institutional grade point average of 3.94 on a 4.0 system and his Army Council on Education Registry Transcript showing that he received College Level Examination Program (CLEP) credit for college French I and French II.

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 U.S. Army Reserve (USAR) DEP on 12 March 1993.  He enlisted in the Regular Army and entered active duty on 31 August 1993.  He completed training and was awarded MOS 11B (Infantryman).

3.  His Personnel Qualification Record-Part II shows in item 9 (Awards, Decorations and Campaigns) – the Army Service Ribbon, Overseas Service 


Ribbon (2nd Award), National Defense Service Medal, Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award), and the Army Commendation Medal. 

4.  His available Interactive Personnel Electronic Records Management System (IPERMS) file contains no award orders and no documents showing his awards except the above Personnel Qualification Record-Part II and his DD Form 214.

5.  The DD Form 214 shows in:

	a.  item 12e (Total Prior Inactive Service) – 00 years, 00 months and, 00 days; 

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Army Achievement Medal (4th Award), Army Commendation Medal (2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon (2nd Award). 

6.  Army Regulation 600-8-22 (Military Awards) provides that, except for specific cases such as the Purple Heart for which there is no time limit, the regulation requires that awards be timely (generally initiated into the system within 2 years).  Additionally, although the regulation provides for lost recommendations, there is no mechanism to initiate or present awards to former Soldiers.  Furthermore, the cited period is limited to the period of service during which the individual served under the recommending command.

7.  Army Regulation 635-5 (Separation Documents) sets out the policies and procedures for completing the DD Form 214.  With respect to DEP time it explains that after 1 January 1985 DEP time did not count as creditable service for pay computation purposes and would not be entered in item 12e of the       DD Form 214.  DEP time would however be displayed in item 18, the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence that the applicant was recommended for or awarded the EIB, Humanitarian Service Medal, Military Outstanding Volunteer Service Medal, or the Soldiers Medal. 



2.  He thinks he should be awarded the EIB because he was precluded from qualifying because of prejudice and because he had to teach other Soldiers to speak French.  There is no available evidence to show that he did qualify for the EIB or that he could have done so.

3.  The applicant appears to be requesting that he be granted an award or awards for events or actions that took place after he was separated from active duty and that those awards be added to his DD Form 214.

4.  His actions in donating bone marrow is certainly an extraordinary service to a fellow human being, and it is quite praise worthy; however, aside from the fact that he originally signed up for the project while on active duty this incident had nothing to do with his active duty service which had ended some 4 years earlier.

5.  There are no provisions for promoting the applicant after he has been separated from the service.

6.  There is no available evidence to show that he qualified for the Expert Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars.

7.  The applicant did serve in the DEP from 12 March through 30 August 1990.  However, this information is properly shown in item 18 of his DD Form 214.  

8.  In view of the foregoing there is no basis for granting 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.




      _______ _   _______   ___
               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)                                         AR20110017870





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ABCMR Record of Proceedings (cont)                                         AR20110017870



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