BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012601
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 17 July 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) by:
* adding the Meritorious Service Medal (MSM)
* amending the Bronze German Army Marksmanship Badge to show Gold vice Bronze
2. The applicant states the MSM he was awarded upon retirement was approved late and it was not included on his DD Form 214 and the German Army Marksmanship Badge entry on his DD Form 214 should be "Gold not Bronze."
3. The applicant provides an MSM certificate and extract of his DA Form 2-1 (Personnel Qualification Record) in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he was honorably retired, by reason of permanent disability, on 17 July 2001. The DD Form 214 he was issued at the time shows he held the rank of sergeant first class (SFC) and he had completed a total of 16 years, 3 months, and 21 days of active military service.
3. The DD Form 214 does not include the MSM in the earned awards listed; however, it does list the German Army Marksmanship Badge as Bronze.
4. Item 9 (Awards, Decorations and Campaigns) of the applicants DA Form 2-1 lists the German Firearms Qualification as Gold. It does not include the MSM.
5. The applicant provides a certificate, dated 9 July 2001, that shows he was awarded the MSM for meritorious service during the period 1 September 1991 to 31 August 2001. It also shows this award was authorized and announced in Headquarters, U.S. Army Recruiting Command Permanent Orders 190-35.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 by adding the MSM and amending the German Army Marksmanship Badge entry has been carefully considered and found to have merit.
2. The certificate provided by the applicant shows the applicant was awarded the MSM in conjunction with his retirement and that this award was authorized and announced in official orders. Therefore, it is sufficiently compelling to support adding this award to his 17 July 2001 DD Form 214.
3. Further, the applicants DA Form 2-1 confirms his German Army Marksmanship Badge qualification was Gold and not Bronze as indicated in the DD Form 214 entry. Therefore, it would be appropriate to correct this entry accordingly.
BOARD VOTE:
___X__ ____X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the Bronze German Army Marksmanship Badge entry and adding the:
* Meritorious Service Medal
* Gold German Army Marksmanship Badge
_______ _ 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) AR20120012601
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012601
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100007243
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-17 contains guidance on award of the ICM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 by deleting the ICM entry and adding the...
ARMY | BCMR | CY2007 | 20070018498
Application for correction of military records (with supporting documents provided, if any). The applicants complete military records are not available to the Board. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting the German Army Marksmanship Badge in Bronze from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized); b. deleting the entries SERVICE IN KOSOVO -- 20001206 to 20030604 and...
ARMY | BCMR | CY2008 | 20080016798
The available evidence shows the applicant completed 1 year and 4 days service in Korea from 17 November 2005 through 20 November 2006, as evidenced by an ERB entry and a statement from the applicant confirming exact dates of service. The evidence of record also confirms the applicant honorably served on active duty for 3 years, from 7 April 2005 through 6 April 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100028578
The applicant requests: * correction of the National Personnel Records Center (NPRC) letter, dated 11 November 2010, to show his correct name and award of the Legion of Merit (LOM) * correction of the NPRC letter to show three awards of the Overseas Service Medal instead of the Overseas Service Ribbon * copies of the orders and the citation for award of the Bronze Star Medal with "V" Device 2. The applicant states: * he was awarded the LOM upon retirement * he completed two tours of duty in...
ARMY | BCMR | CY2009 | 20090021276
The applicant requests the following corrections on his DD Form 214 (Report of Separation from Active Duty): * Item 27 (Remarks) - change the course he completed from the PNCO Course to the Basic Noncommissioned Officer Course (BNCOC) * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - add the German Army Marksmanship Badge (Schutzenschnur) he received from the German government 2. Therefore, the German Army Marksmanship Badge in...
ARMY | BCMR | CY2012 | 20120005670
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Achievement Medal (AAM) (6th Award) * German Armed Forces Parachutist Badge * German Army Marksmanship Badge in Gold * Valorous Unit Award (2nd Award) 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Army Achievement Medal (6th Award) *...
ARMY | BCMR | CY2004 | 20040011382C070208
He also requests authorized awards for Operation Iraqi Freedom, the Good Conduct Medal, two German foreign awards, the Driver and Mechanic Badge, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, two awards of the Army Commendation Medal, and the Army Achievement Medal. The applicant provides a copy of his DD Form 214; his orders awarding him the Mechanic's Badge; his award certificate for the Army Achievement Medal; a Memorandum for Record...
ARMY | BCMR | CY2008 | 20080009717
The applicant requests, in effect, that Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the Meritorious Service Medal (MSM), Global War on Terrorism Service Medal (GWOTSM), Joint Meritorious Unit Award (JMUA), and 2 bronze service stars with his Iraq Campaign Medal (ICM). The evidence of record also confirms that the applicant was last issued a DD Form 214 upon...
ARMY | BCMR | CY2008 | 20080010575
The applicant requests that his DD Form 214, dated 23 December 2004, be corrected to reflect his attendance at the Advanced Noncommissioned Officer Course (ANCOC), his award of the Meritorious Service Medal (MSM) and all other awards that were reflected on his DD Form 214, dated 20 June 2001. The applicant provides copies of his award of the MSM, his completion of the ANCOC, and of his DD Forms 214. This provision of law also allows the Army Board for Correction of Military Records (ABCMR)...
ARMY | BCMR | CY2010 | 20100022089
The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 21 November 2002: * Army Commendation Medal * Army Achievement Medal (second award) * German Military Parachutist Badge * Czech Military Parachutist Badge * Portuguese Military Parachutist Badge 2. The applicant provides: * his DD Form 214 * three certificates for completion of training * three letters, dated 1 November 2001, for his...