IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110024641 


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 completion of the Legal Specialist Course as well as award of the Army Commendation Medal and the appropriate marksmanship qualification badge with grenade bar.

2.  The applicant states:

* The Army Commendation Medal was omitted
* He completed the Legal Specialist Course at Fort Benjamin Harrison, IN, in 1977 but it is not listed
* He earned a qualification badge with the grenade during basic combat training

3.  The applicant provides:

* DD Form 214
* Permanent Orders 28-4, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 1 March 1983 and accompanying Army Commendation 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 U.S. Army Reserve (USAR) on 19 May 1977.  He was ordered to active duty for training (ADT) on 15 July 1977 and completed the 9-week Legal Course at Fort Benjamin, Harrison.  He was awarded military occupational specialty (MOS) 71D (Legal Clerk).

3.  On 13 January 1978, he was honorably released from ADT to the control of his Reserve unit.  He completed 5 months and 29 days of total active service.  Item 27 (Remarks) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows he completed the 9 week 71D Legal Course in 1978.

4.  On 20 March 1979, the applicant enlisted in the Regular Army for a period of 4 years.  He successfully completed the 7-week Unit Supply Course and he was awarded MOS 76Y (Unit Supply Specialist).  He served in Germany from 3 July 1979 to 28 June 1982.

5.  Permanent Orders 28-3, dated 1 March 1983, awarded the applicant the Army Commendation Medal for meritorious service from 3 August 1981 to 19 March 1983.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he qualified with the grenade or that he was awarded the appropriate marksmanship qualification badge.

7.  The applicant was honorably released from active duty on 18 March 1983 at the expiration of his term of service.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The
DD Form 214 he was issued for this period of service shows in:

* Item 12d (Total Prior Active Service) the entry "00  05  29" (5 months and 29 days)
* 
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

* Item 14 (Military Education) and continued in item 18 (Remarks) the entry "Unit Supply Specialist, 7 weeks, (7905)"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that for item 14, enter formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.

9.  Army Regulation 600-8-22 (Military Awards) covers military awards.  It states marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal for service from 3 August 1981 to 19 March 1983.  Therefore, his DD Form 214 for the period ending 18 March 1983 should be corrected to show this award.

2.  The applicant entered ADT on 15 July 1977 and he was released from ADT on 13 January 1978.  He was issued a DD Form 214 that captured this period of active service.  During the period covered by this DD Form 214, he completed the 9-week 71D legal course which is correctly listed in item 27.  This course would not be listed on his subsequent DD Form 214 for the period ending
18 March 1983 since that course was not completed during his second period of active service.  Therefore, there is no basis for granting this portion of his request.

3.  There is no evidence of record and he did not provide any evidence that shows he qualified with the grenade or the degree of his qualification.  In the absence of an official order, memorandum, disposition form, score card, or other documentary evidence, there is an insufficient evidentiary basis for granting this portion of his request.

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 all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 18 March 1983 the Army Commendation 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 adding to his DD Form 214 for the period ending 18 March 1983 the Legal Specialist Course and the Marksmanship Qualification Badge with Grenade Bar.



      __________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)                                         AR20110024641



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ABCMR Record of Proceedings (cont)                                         AR20110024641



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