BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000410 


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 the following entries on her DD Form 214 (Certificate of Release or Discharge from Active Duty):

* item 12b (Separation Date This Period)
* item 12c (Net Active Service This Period)
* item 28 (Narrative Reason for Separation)

2.  She also requests removal of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) from her DD Form 214 and addition of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

3.  The applicant makes the following, truncated statements:

* mandatory retirement, 30 years service or maximum service
* directed by orders to be absent from duty, awaiting pending final out-processing proceedings orders
* hardship no longer exists
* correct for final pay and allowances (finance and accounting)
* she is not qualified as Expert, only qualified as Marksman

4.  The applicant provides her DD Form 214, DD Form 215 (Correction to DD Form 214), and her release from active duty (REFRAD) orders, dated 21 December 1984.


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's military records are not available for review; therefore, the specific facts and circumstances surrounding her discharge action are not known.  Her request is being considered using a reconstructed record that primarily consists of the documents she provided.

3.  Her DD Form 214 shows she enlisted in the Regular Army on 18 March 1980 and trained as a Nuclear, Biological, and Chemical Specialist.

4.  Orders 356-230, issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ on 21 December 1984, show she was REFRAD effective 21 December 1984.

5.  Her DD Form 214 confirms she was REFRAD on 21 December 1984.  Additionally, it shows in:

* item 12b – 21 December 1984
* item 12c – 4 years, 9 months, and 4 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – she was awarded or authorized the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Hand Grenade Bar, and Army Service Ribbon
* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
6-3b
* item 26 (Separation Code) – "MDB"
* item 28 – Hardship

6.  There is no evidence that shows she separated on any date other than 21 December 1984.
7.  There are no marksmanship qualification badge orders available for review.

8.  Army Regulation 600-8-22 (Military Awards) 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 qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated that SPD code MDB was the appropriate code to assign to Soldiers being separated under the provisions of Army Regulation 635-200, paragraph 6-3b, by reason of hardship.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant does not support her contention that her separation date is incorrect.  The REFRAD orders she provided show her effective date of REFRAD as 21 December 1984, which is properly shown in item 12b of her DD Form 214.  Therefore, there is insufficient evidence on which to base amending item 12b of her DD Form 214.

2.  The evidence shows she enlisted in the Regular Army on 18 March 1980 and was REFRAD on 21 December 1984, after completing 4 years, 9 months, and 4 days of creditable active service, which is properly shown in item 12c of her DD Form 214.  Therefore, there is insufficient evidence on which to base amending item 12c of her DD Form 214.

3.  The applicant contends her narrative reason for separation should be changed because a hardship no longer exists.  However, the DD Form 214 provides a record of active Army service at the time of REFRAD, retirement, or discharge.  Therefore, there is no basis for granting the requested relief.

4.  Per her specified request to remove the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) from her DD Form 214, this badge should be removed from her DD Form 214 due to her own admission that she did not qualify at the expert level.

5.  Although she contends she qualified as Marksman with the M-16 rifle, there are no orders for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) available.  Therefore, there is insufficient evidence on which to base adding this marksmanship qualification badge to her 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 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 corrected by removing the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) from her DD Form 214.

2.  The Board further determined 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 amending items 12b, 12c, or 28 of her DD Form 214 or adding award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) to her DD Form 214.



      _________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)                                         AR20140000410



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ABCMR Record of Proceedings (cont)                                         AR20140000410



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