IN THE CASE OF:	   

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021443 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service, award of the Army Good Conduct Medal, and his marksmanship badges.

2.  The applicant states his DD Form 214 does not reflect any foreign service.  He was not awarded the Army Good Conduct Medal after 3 years of service, and his multiple qualifications with weapons are not reflected on his DD Form 214. 

3.  The applicant provides no additional documents with his application.

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 19 February 2002 for a period of 3 years, training as an infantryman under the Ranger Training option, and a $9,000 enlistment bonus.

3.  He completed all of his training at Fort Benning, GA and he was assigned to a Ranger company at Fort Lewis, WA for his first and only assignment.  He deployed to Afghanistan during the periods 20030103 – 20030602 and 20040410 – 20040525, a period of 6 months and 16 days of foreign service.

4.  On 18 February 2005, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows no foreign service in item 12f.  It shows he was awarded the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Bar, Combat Infantryman Badge, Parachutist Badge with Combat Distinguishing Device, one bronze service star, Ranger Tab, Canadian Parachutist Badge, and Israeli Defense Force Parachutist Badge.

5.  A review of his official records failed to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal and there is no record of disqualification by the commander.  Additionally, his records do not contain any orders or other such documents depicting his weapons qualifications. 

6.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

8.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

9.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his foreign service should be reflected on his DD Form 214 has been noted and found to have merit.  The applicant served 6 months and 16 days of foreign service and is entitled to have that time entered in item 12f of his DD Form 214.

2.  The applicant also served 3 years of qualifying service with no evidence of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 20020219 to 20020218 and it should be added to his DD Form 214.

3.  While it is understood that the applicant is an Army Ranger qualified for various weapons, there is no evidence in the form of entries or orders depicting his qualifications.  Therefore, in the absence of such evidence there is an insufficient evidentiary basis for adding any marksmanship badges to his DD Form 214.

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:

* Awarding him the Army Good Conduct Medal (1st Award) for the period 20020219 – 20020218
* Deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  06  16"  to depict his foreign service
* Adding to his DD Form 214 award of the Army Good Conduct Medal (1st Award)

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 adding any marksmanship badges to his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________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)                                         AR20130021443



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ABCMR Record of Proceedings (cont)                                         AR20130021443



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