IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130005787
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 2nd Class (now known as Marksman) Marksmanship Qualification Badge with Grenade Bar and Overseas Service Ribbon.
2. The applicant states neither award is listed on his DD Form 214 and his achievements should be noted.
3. The applicant provides his DD Form 214 and DA Form 2-1 (Personnel Qualification Record Part II).
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 6 October 1981 and he held military occupational specialty 05C (Radio Teletype Operator).
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he was awarded the 2nd Class Marksmanship Qualification Badge with Grenade Bar effective 25 November 1981.
4. He departed the continental United States (CONUS) on 16 March 1982 and he was assigned to the 518th Signal Company, Germany, on 20 March 1982. He was serving a 2-year unaccompanied overseas tour and his established date eligible to return from overseas (DEROS) was 15 March 1984.
5. On 28 October 1982, a bar to reenlistment was placed against him for his unsatisfactory conduct and efficiency since his arrival to the unit and his permanent disqualification from the Personnel Reliability Program.
6. On 21 April 1983, he submitted a request for immediate separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 16-5, as he felt he could not overcome the locally-imposed bar to reenlistment.
7. On 27 April 1983, the separation authority approved his request and directed the issuance of an Honorable Discharge Certificate.
8. Orders 85-17, dated 4 May 1983, issued by the 176th Personnel Service Company, Germany, assigned him to the U.S. Army Separation Transfer Point, Fort Dix, NJ, with a reporting date of 15 May 1983. He departed Germany on 13 May 1983.
9. He was honorably discharged on 16 May 1983 at Fort Dix, NJ. He completed 1 year, 7 months, and 16 days of creditable active service of which 1 year, 1 month, and 26 days were foreign service in Germany.
10. His DD Form 214 shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Army Service Ribbon.
11. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. With respect to the Overseas Service Ribbon, the criteria for this ribbon requires the successful completion of an overseas tour. The evidence of record confirms the applicant did not successfully complete his overseas tour in Germany. He departed CONUS on 16 March 1982 and, as he was serving on a 2-year tour, his DEROS was 15 March 1984. However, based on his request for early separation, he departed Germany on 13 May 1983 and only served 1 year, 1 month, and 26 days of his 2-year tour. He was not credited with completing an overseas tour. Therefore, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to add the Marksman Marksmanship Qualification Badge with Grenade 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 award of the Overseas Service Ribbon.
___________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) AR20130005787
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ABCMR Record of Proceedings (cont) AR20130005787
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