IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120007336
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 award of the Army Commendation Medal (ARCOM) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
2. He states his DD Form 214 failed to document these awards.
3. He provides no additional evidence.
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 Regular Army on 18 May 1990.
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not show the ARCOM or Sharpshooter Marksmanship Qualification Badge with Grenade Bar as authorized awards.
4. He was honorably discharged from active duty on 30 July 1992 by reason of physical disability with severance pay. His DD Form 214 does not show award of the ARCOM or Sharpshooter Marksmanship Badge with Grenade Bar.
5. His record does not contain orders awarding him the ARCOM. Likewise, his records do not contain orders, memoranda, disposition forms, or other documents confirming his qualification with the grenade or the degree of qualification.
6. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified 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 marksmanship qualification badges.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of orders showing the applicant was awarded the ARCOM. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the ARCOM. In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show this award.
2. The evidence of record fails to show the applicant qualified as Sharpshooter with the grenade and his DA Form 2-1 does not list the Sharpshooter Marksmanship Qualification Badge with Grenade Bar as an authorized award. Therefore, he is not entitled to have his DD Form 214 corrected to show this badge.
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) AR20120007336
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ABCMR Record of Proceedings (cont) AR20120007336
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