IN THE CASE OF:	  

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110018289 


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 his record be corrected to show award of the Silver Star and marksmanship qualification badges for the 9 millimeter pistol and hand grenade.  He also request correction of item 23 (Type of Separation) and item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states:

* he was given the Silver Star in the form of a lifetime achievement award for setting up a sting operation
* he was the chief inventor of Windows based computer interfaces in 1991
* his discharge for a personality disorder is not accurate
* Item 9 (Awards, Decorations, and Campaigns) of his DD Form 2-1 (Personnel Qualification Record) the comment “Army ---RBG”(sic Army Service Ribbon) which stands for Brigadier General Decoration is lined though
* drill sergeants tampered with this official military record
* his DD Form 214 does not list his awards or the marksmanship qualification badges for the 9 millimeter pistol and hand grenade



3.  He provides:

* DD Form 214
* page 3 of his DD Form 2-1
* a memorandum 

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's record shows he enlisted in the Regular Army on 10 March 1992.

3.  His records show he received 13 General Counseling statements from 
19 March to 28 March 1992 for the following:

* failure to follow instructions
* lack of motivation
* disrespect towards a noncommissioned officer
* lack of discipline

4.  Item 9 of his DD Form 2-1 shows entries for Pistol 9 millimeter Qualification Badge and Hand Grenade Qualification Badge with no qualification level or date of qualification and the entry ARMY-SVC-RBN is lined through.

5.  On 30 March 1992, his commander notified the applicant that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11 (Entry Level Status Performance and Conduct).  The commander stated that the applicant could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.

6.  On an unspecified date, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 11.

7.  On 8 April 1992, he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct.  The 
DD Form 214 he was issued shows in:

* item 12 (Net Active Service this Period) 29 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) “NONE/NOTHING FOLLOWS”
* item 14 (Military Education) “NONE/NOTHING FOLLOWS”
* item 23 Discharge
* item 24 Uncharacterized
* item 28 (Narrative Reason for Separation) Entry Level Status Performance and Conduct

8.  There is no evidence or orders in his available records to show he was recommended for or awarded the Silver Star during his period of service.

9.  He submitted a memorandum from the Assistant Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, dated 29 August 2011, which stated, in pertinent part, that the Silver Star is not an award based on lifetime achievement or given to officers promoted to Brigadier General, but this decoration is awarded to Soldiers who in combat are involved in extraordinarily gallant actions.  It also stated the ARMY SVC-RBN does not signify he is eligible for promotion to General Officer.  The Army Service Ribbon is awarded to Soldiers for successful completion of basic training however; the award was stricken from his DA Form 2-1 because he was granted an entry level separation effective 8 April 1992.

10.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  

11.  Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  



12.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant’s record nor did he submit any evidence showing he was entitled to or awarded the Silver Star. Therefore, he is not entitled to have his record corrected to show this award.

2.  It is common practice to pretype entries on the DD Form 2-1 which will be filled in at a later date once the Soldier has attained qualification for the badge or ribbon.

3.  Evidence of record shows he was discharged prior to completion of initial training.  His record contains no evidence and he did not provide any evidence showing he qualified with the pistol or hand grenade.  As a result he is not entitled to award of the Army Service Ribbon, Marksmanship Qualification Badge with Pistol Bar or Grenade Bar.  

4.  He did not complete 180 days of continuous active service prior to being discharged.  Therefore, his records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.

5.  For the applicant's information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

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 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)                                         AR20110018289





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ABCMR Record of Proceedings (cont)                                         AR20110018289



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