IN THE CASE OF:	  

		BOARD DATE:	    15 August 2013

		DOCKET NUMBER:  AR20120020307 


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:

* Soldier's Medal (SM)
* Military Outstanding Volunteer Service Medal (MOVSM)
* Expert Marksmanship Qualification Badge with Rifle, Bayonet and Rocket Launcher Bars
* Expert Infantryman Badge
* Air Assault Badge
* Air Assault Course completion

2.  The applicant states his former division commander, now retired, approved and signed a recommendation for award of the Meritorious Service Medal (MSM) for his joining the Department of Defense Marrow Donor Program on 7 April 1999.  The commander also approved/recommended an MOVSM for his service with the Bone Marrow Program from 29 June 1999 to 19 May 2000.  The applicant requests that the recommended MSM be upgraded to an SM.

3.  The applicant provides copies of:

* Field Manual (FM) 21-150 (Combatives) pages i, B-5, and B-7
* DA Form 3751 (Bayonet Course Qualification Scorecard), dated              16 November 1993
* DA Form 7324 (M136 AT4 Scorecard) dated 13 April 1995
* DA Form 87 (Certificate of Training) Air Assault Course, dated                   6 June 1995
* DA Form 638 (Recommendation for Award) dated 7 April 1999
* Permanent Orders 236-022, 101st Airborne Division, dated                      24 August 1999
* DA Form 4187 (Personnel Action), Request for Award, Badge, Tab, dated 24 August 1999
* Memorandum for the Applicant, dated 27 August 1999
* DA Form 638, dated 19 May 2000
* DA Form 5790 (Record Firing Scorecard) M16A1 Rifle, dated                     2 February 2000
* Letter, Georgetown University Hospital, dated 12 August 2004
* Letter, Department of Defense Marrow Program, dated 5 December 2011
* DA Form 7013 (Certificate of Appreciation) dated 23 December 2011
* Letter, Department of Defense Marrow Program, dated 5 March 2012
* Letter from former division commander, dated 4 September 2012
* Memorandum from U.S. Army Human Resources Command (HRC), dated         22 October 2012

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 19 April 2012, this Board considered the applicant's request for award of the MOVSM in docket number AR20110017870.  On 6 November 2012, this Board reconsidered this same issue in docket number AR20120008590.  This decision on the request for reconsideration was the final administrative action taken by the Secretary of the Army.  There is no further action contemplated by the ABCMR because he is not eligible for further reconsideration by this Board.  The ABCMR will not consider any future requests for reconsideration of this matter.  However, he has the option to seek relief in a court of appropriate jurisdiction.  The evidence he submitted with those earlier requests is essentially the same as he has submitted with this request.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the overall merits of this issue are insufficient as a basis to amend the earlier Board decisions.  Accordingly, the issue of the MOVSM will not be discussed further in this case.

3.  On 31 August 1993, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11B (Infantryman).

4.  A DA Form 3751, as provided by the applicant, shows that on 16 November 1993 he completed the Bayonet Course and attained a perfect score of 200 points.

5.  A DA Form 7324, as provided by the applicant, shows he qualified as an expert with the rocket launcher.

6.  A DA Form 87, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR), dated 6 June 1995, shows he successfully completed the 80-hour (2-week) Air Assault Course.

7.  A DA Form 638, dated 7 April 1999, as provided by the applicant, indicates that the Commander, 101st Airborne Division, recommended the applicant for award of the MSM for his meritorious achievement on 7 April 1999.  The applicant was recognized for his volunteering to be a bone marrow donor.  The form appears to have been originally initiated in 1999, but not signed by the commander, as the recommender, until recently.  Furthermore, there is no evidence showing that the recommendation was ever approved.

8.  Permanent Orders 236-022, 101st Airborne Division, dated 27 August 1999, as provided by the applicant and filed in his AMHRR, announced award of the Expert Infantryman Badge to the applicant effective 24 August 1999.

9.  A DA Form 5790, dated 2 February 2000, as provided by the applicant, shows that he scored 38 out of a possible 40, qualifying as an expert with the M16A1 rifle.

10.  On 19 May 2000, the applicant was released from active duty.  He had attained the rank of specialist, pay grade E-4, and had completed 6 years, 
8 months, and 19 days of creditable active duty.



11.  The applicant's DD Form 214, as corrected by a DD Form 215, dated 3 July 2012, shows:

	a.  the applicant's awards as:

* Army Achievement Medal (4 awards)
* Army Commendation Medal (2 awards)
* Army Good Conduct Medal (2 awards)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2 awards)
* Army Lapel Button

	b.  the applicant's military training as:

* Nuclear, Biological, and Chemical Defense Course
* Combat Lifesaver Course

12.  In memoranda dated 16 and 22 October 2012, as provided by the applicant and filed in his AMHRR, the Assistant Chief, Awards and Decorations Branch, HRC, verified that the applicant was authorized the Expert Marksmanship Qualification Badge with Rifle, Pistol, Grenade, and Rocket Launcher Bars.

13.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  This regulation states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  FM 21-150 provides that the Bayonet Qualification Course had a maximum possible score of 200 points.  Scores were recorded on DA Form 3751.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	a.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.

	b.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.

	c.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.

	d.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his AMHRR should be corrected to show:

* SM
* Expert Marksmanship Qualification Badge with Rifle, Bayonet and Rocket Launcher Bars
* Expert Infantryman Badge
* Air Assault Badge
* Air Assault Course completion

2.  The applicant has provided a DA Form 638 in which he was recommended for award of the MSM based on his volunteering to be a bone marrow donor.  However, this document does not appear to have been signed during the timeframe when it was first created, nor does it appear to have been submitted to the approving authority.  The form now appears to contain more current information and signatures from the original recommender, but has not been properly submitted through channels for review and approval/disapproval.  As such, the recommendation is insufficient as a basis for showing he was approved for the award of the MSM.

3.  The applicant is requesting that the MSM discussed in the preceding paragraph be upgraded to the SM.  This issue is found to be without merit because he was never awarded the MSM.

4.  While the available evidence is insufficient for awarding the applicant either the MSM or the SM, this in no way affects his right to pursue his claim for either award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  A Certificate of Training for the Air Assault Course indicates that permanent orders were published on 6 June 1995.  Accordingly, the applicant's DD Form 214 should be corrected to show both this military training and award of the Air Assault Badge.

6.  Permanent orders clearly show that the applicant was awarded the Expert Infantryman Badge effective 24 August 1999.  Therefore, this badge should be shown on his DD Form 214.

7.  In memoranda dated 16 and 22 October 2012, as provided by the applicant and filed in his AMHRR, the Assistant Chief, Awards and Decorations Branch, HRC, verified that the applicant was authorized the Expert Marksmanship Qualification Badge with Rifle, Pistol, Grenade, and Rocket Launcher Bars.  A DA Form 3751, as provided by the applicant, shows that on 16 November 
1993, he completed the Bayonet Course and attained a perfect score of 200 points.  This evidence is sufficiently convincing as a basis to correct his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle, Bayonet, Pistol, Grenade, and Rocket Launcher Bars.

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.  adding to Item 14 (Military Education) of his DD Form 214 the Air Assault Course, 2 Weeks, June 1995; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Expert Infantryman Badge
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle, Bayonet, Pistol, Grenade, and Rocket Launcher Bars

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 Soldier's 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)                                         AR20120020307





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