IN THE CASE OF:	

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120005595 


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Army Achievement Medals, Army Commendation Medals, and the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.

2.  The applicant states he has made several attempts to have his DD Form 214 corrected but the personnel charged with correcting his records have not done so.

3.  The applicant provides:

* his DD Form 214
* a DA Form 88 (Combat Pistol Qualification Course Scorecard)
* four DA Forms 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110006090 on 4 October 2011.


2.  As new evidence the applicant provides:

	a.  Permanent Order (PO) Number 306-07, issued by Headquarters, 1st Battalion, 67th Armor Regiment, Fort Hood, TX, dated 1 November 2000, awarding him the Army Achievement Medal for meritorious achievement as a tank driver during his unit's first M1A2 (SEP) tank gunnery qualification exercise during the period 14 September to 12 October 2000.

	b.  PO Number 164-16, issued by Headquarters, 2nd Brigade, 4th Infantry Division, Fort Hood, dated 13 June 2002, awarding him the Army Commendation Medal for exceptionally meritorious achievement during National Training Center Rotation 02-08 during the period 3 May to 6 June 2002. 

	c.  DA Form 88, dated 15 August 2002, wherein it shows he qualified expert with the pistol while assigned to A Company, 1st Battalion, 67th Armor Regiment.

	d.  PO Number 232-32, issued by Headquarters, 1st Battalion, 67th Armor Regiment, Fort Hood, dated 5 December 2002, awarding him the Army Achievement Medal (2nd Award) for meritorious achievement while assigned as a gunner during the unit's M1A2 (SEP) Tank Table VIII gunnery qualification exercise during the period 15 to 26 October 2002.

	e.  A DA Form 638, undated, that recommended him for award of the Army Achievement Medal for exceptionally meritorious achievement as the Brigade Soldier of the Quarter for the period 1 October to 31 December 2002.  Part V (Orders Data) shows Headquarters, 2nd Brigade, 4th Infantry Division, Fort Hood, dated 24 January 2003, issued Orders 016-02, for an approved award of the Army Commendation Medal.  However, evidence shows the approval authority only approved the award for which recommended.  There is no evidence the approval authority upgraded the recommended award to an Army Commendation Medal.

3.  The applicant's record shows he enlisted in the Regular Army on 13 March 2000 and he held military occupational specialty 19K (M1 Armor Crewman).

4.  He was honorably released from active duty on 12 March 2004 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 4 years of net active service this period.

5.  The DD Form 214 he was issued shows the:

* Army Lapel Button
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  His record contains a DD Form 215 (Correction to DD Form 214), dated 17 February 2012, that added the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal to his DD Form 214.

7.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), in his interactive Personnel Electronic Records Management System (iPERMS) file does not contain documentation awarding him any Army Achievement Medals, Army Commendation Medals, or the Expert Marksmanship Qualification Badge with Rifle or Pistol Bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided three DA Forms 638 that show the appropriate approval authority approved the award of two Army Achievement Medals and an Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He also provided a DA Form 638 that shows the appropriate approval authority approved another award of the Army Achievement Medal for being selected at the Brigade Soldier of the Quarter for 1st Quarter, Fiscal Year 2003.  However, it appears the orders issuing authority mistakenly indicated in the orders data section that the approved award was an Army Commendation Medal.  In the absence of corroborating evidence, such as the corresponding award certificate, there is insufficient evidence to show he was awarded the Army Commendation Medal for this achievement.  Therefore, it would be appropriate at this time to show he was awarded the Army Achievement Medal for this period and to correct his DD Form 214 to show an additional award of the Army Achievement Medal.

3.  He also provided a DA Form 88 that shows he qualified expert with the pistol.  Therefore, he is entitled to the Expert Marksmanship Qualification Badge with Pistol Bar and correction of his DD Form 214 to show this badge.

4.  With respect to the Expert Marksmanship Qualification Badge with Rifle Bar, there is no evidence of record and he did not provide any evidence that shows he qualified expert and was awarded the Expert Marksmanship Qualification Badge 


with Rifle Bar.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's 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 partial amendment of the ABCMR’s decision in Docket Number AR20110006090, dated 4 October 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214 the Marksman Marksmanship Qualification Badge with Pistol Bar
* adding to his DD Form 214 the:

* Army Achievement Medal (3rd Award)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Pistol Bar

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 any additional Army Commendation Medals and the Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20120005595



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ABCMR Record of Proceedings (cont)                                         AR20120005595



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