IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120010954 


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 records to show the National Defense Service Medal (NDSM) and the Expert Marksmanship Qualification Badge (Rifle Bar).  He also requests correction of his records to show his rank as private first class (PFC)/E-3.

2.  The applicant states the above awards were omitted from his DD Form 214.  The applicant further states he was reduced in rank from specialist four 
(SP4)/E-4 to the rank of private (PVT)/E-1.  He states he should have been reduced in rank by one grade instead of two and that his rank should be PFC.  He would like to enlist in the Army National Guard at the rank of PFC.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 April 1985.  He successfully completed training and he was awarded military occupational specialty 52C (Utilities Equipment Repairer).  His DA Form 2-1 (Personnel Qualification Record) shows the highest rank he attained was PFC.

3.  On 2 September 1986, the applicant accepted field grade nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for:

* wrongfully pawning to another individual a U.S. Forces Korea (USFK) Form 73 (Ration Control Card) 
* wrongfully signing another's signature on an “Anvilled” card
* wrongfully possessing a Ration Control Card made out in the name of another person without the consent of that person

4.  His DA Form 2627 (Record of Proceedings under Article 15, UCMJ) shows his punishment consisted of reduction from PFC/E-3 to the grade of PVT/E-1, forfeiture of $323.00 per month for two months, 45 days' extra duty, and 45 days' restriction to the company area.

5.  A DA Form 4126-R (Bar to Enlistment/Reenlistment Certificate), dated 
4 June 1987, shows he was barred from reenlistment for receiving two Article 15's.  He did not desire to submit a statement on his own behalf.  The available records do not show the reason for the second Article 15.

6.  A DA Form 4187 (Personnel Action) dated 9 June 1987, shows the applicant requested separation for failure to overcome a bar to reenlistment under the provisions of Army Regulation 635-200, paragraph 16-5.  The appropriate authority approved his request on 15 June 1987.

7.  On 25 June 1987, he was honorably discharged in the rank of PVT/E-1 after completing 2 years, 2 months, and 8 days of creditable active service. 

8.  The applicant's DD Form 214 shows he was awarded the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (M-16)
* Overseas Service Ribbon


9.  There is no available evidence in the applicant's military service records that show he was awarded the Expert Marksmanship Qualification Badge. 

10.  There are no promotion orders in the applicant's military service records that show he attained the rank of SP4/E-4.

11.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5b, in effect at the time, provided for members who were under a locally imposed bar to reenlistment to voluntarily request discharge if they perceived they could not overcome the bar to reenlistment. 

12.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

13.  Army Regulation 27-10 (Military Justice) Table 3-1, governs the reduction authority of Soldiers in the grades of E-1 through E-4.  Field grade and general officers may reduce Soldiers in the grades of E-1 through E-4 one or more grades.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his military service records to add the NDSM, the Expert Marksmanship Qualification Badge, and to change his rank to PFC was carefully considered and it was determined there is insufficient evidence to support his request.

2.  He contends that the NDSM was omitted from his DD Form 214.  Evidence of record shows he served in the military during the period 18 April 1985 to 25 June 1987.  During his period of active service the NDSM was not an authorized award.  Therefore, he is not eligible for the NDSM.  

3.  There are no orders in the applicant's military service records that show he qualified for the Expert Marksmanship Qualification Badge.  Based on the foregoing, there is no basis for granting the requested relief for the badge. 

4.  There is no evidence of record to show the applicant held the rank of SP4.  The evidence of record shows that he received a field grade Article 15 for unauthorized use of a Ration Control Card.  He received the maximum punishment for his offense that included reduction in rank from PFC/E-3 to 
PVT/E-1.  Therefore, his record shows the correct rank of PVT/E-1. 

5.  The applicant states he needs his records corrected so he can to join the National Guard.  However, the ABCMR does not change records solely to allow former Soldiers to reenter military service.

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 that 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)                                         AR20120010954





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ABCMR Record of Proceedings (cont)                                         AR20120010954



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