IN THE CASE OF:	

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110025037 


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 Commando Training United States Army Reserve (USAR), Primary Noncommissioned Officer Course (PNCOC), Expert Infantryman Badge (EIB), Army Good Conduct Medal (AGCM) and the Overseas Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the Commando Training USAR, PNCOC, EIB, AGCM, and the Overseas Medal were not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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.  On 3 January 1977, the applicant enlisted in the Regular Army.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  The highest rank he attained while serving on active duty was sergeant/E5.

3.  The applicant’s DD Form 214 shows he was honorably released from active duty on 18 December 1979.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

4.  His record contains a DA Form 1059 (Service School Academic Evaluation Report), issued by the 8th Infantry Division Noncommissioned Officer Academy,  dated 27 July 1978, which shows he graduated from PNCOC and achieved course standards.

5.  Item 12(f) (Foreign Service) of his DD Form 214 shows 2 years, 7 months, and 16 days.

6.  Army Regulation 600-8-22 (Awards), states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Disqualification for an award of the Army Good Conduct Medal can occur at anytime during a qualifying period.  

7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes policy for the preparation and distribution of the DD Form 214.  The version of the regulation in effect at the time provided for entering service schools successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 in item 14 (Military Education).  

8.  Army Regulation 600-8-22 states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty.

9.  Army Regulation 600-8-22 states the Overseas 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 for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The Overseas Service Medal is not listed in the regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the Commando Training USAR, PNCOC, EIB, the AGCM and Overseas Medal be added to his DD Form 214 was carefully considered and found to have partial merit.

2.  The applicant was released from active duty as a SGT/E5, and there is no evidence of a commander’s disqualification for award of the AGCM.  Therefore, he is eligible for the first award of the AGCM for the period 3 January 1977 through 18 December 1979 and correction of his DD Form 214 to show this award.

3.  The applicant DA Form 1059 shows he completed PNCOC and achieved course standards for the period 30 June 1978 through 28 July 1978.  Therefore, his DD Form 214 should be corrected to show this military education course title.

4.  By regulation, in order to support award of the EIB, there must be evidence that an individual satisfactorily completed the prescribed proficient tests while assigned or attached to an infantry unit of at least battalion size.  

5.  Although the evidence of record shows the applicant served in an infantry unit during the period 3 January 1977 through 18 December 1979, his record is devoid of any evidence and he has failed to provide any evidence that he qualified and took the required proficient test.

6.  Although the evidence of record shows the applicant’s foreign service of         2 years, 7 months, and 16 days, the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Therefore, he is not entitled to award of the Overseas Service Ribbon.  In addition, there is no such award as Overseas Medal.

7.  The applicant’s record is void of any orders or other documents indicating he was ever recommended or completed the Commando Training USAR Course.  Therefore, he is not entitled to add the Commando Training USAR Course to his DD Form 214.

8.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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:

   a.  Awarding the applicant the AGCM (first award) for the period                     3 January 1977 through 18 December 1979.

   b.  Adding PNCOC to item 14 of the applicant’s DD Form 214.

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 award of the Commando Training USAR Course, EIB, and the Overseas Service Ribbon/Overseas Medal.  




      _______ _   _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)                                         AR20110025037



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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