IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001811
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of:
* Jungle Expert Badge
* Award for the 100 mile run
* Award as the best mortar gunner
2. The applicant states he earned these awards and they should be recorded in his record.
3. The applicant provides no additional documents.
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 14 May 1980, the applicant enlisted in the Regular Army. He completed his initial training as an indirect fire infantryman.
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows in Section 9 (Medals, Decorations, and Citations):
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
4. On 8 November 1984, the applicant was discharged from active duty. His
DD Form 214 shows his awards as:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon
5. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 2-1 are to be entered in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of:
* Jungle Expert Badge
* Award for the 100 mile run
* Award as the best mortar gunner
2. There is no evidence of record showing that the applicant was awarded any of the awards he has requested. Furthermore, the governing regulation does not authorize any of these awards for entry on the DD Form 214.
3. In view of the above the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________ _ __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) AR20140001811
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ABCMR Record of Proceedings (cont) AR20140001811
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