IN THE CASE OF:  	  

		BOARD DATE:  7 October 2014  	  

		DOCKET NUMBER:  AR20140003104 


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 his:

* earned awards and decorations
* completion of training

2.  The applicant states his DD Form 214 does not list his:

* completion of basic training, advanced individual training (AIT), and other training
* award of marksmanship qualification badges and other awards

3.  The applicant provides no additional evidence.

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 13 September 1990 for a period of 2 years and 16 weeks.  He enlisted with a medical waiver for shoulder surgery.

3.  His DA Form 3286 (Statement for Enlistment – U.S. Army Training Enlistment Program) shows he enlisted for military occupational specialty or career management field 11 (Infantry).

4.  A DA Form 4707 (Entrance Physical Standards Board Proceedings), dated 29 October 1990, shows the applicant was evaluated and diagnosed with chronic posterior subluxation of the right shoulder while in week 6 of basic training.  It was determined that he did not meet medical fitness standards for enlistment under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, and he was recommended for separation.

5.  His DA Form 4707 also shows he was assigned a permanent physical profile with no mandatory strenuous physical activity involving his upper extremities.

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 9 (Awards, Decorations, and Campaigns) –

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bar

   *	item 17 (Civilian Education and Military Schools), in part –

* U.S. Army AIT Course, Infantryman 11B, 13 weeks, not completed
* U.S. Army AIT Course, Fighting Vehicle Infantryman 11M, 2 weeks, not completed

7.  On 27 November 1990, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11a, by reason of failing to meet procurement medical fitness standards – no disability.

8.  His DD Form 214 shows he completed 2 months and 15 days of creditable active service.  This form also shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bar
* item 14 (Military Education) – not applicable
* item 24 (Character of Service) – Uncharacterized
* item 26 (Separation Code) – JFT

9.  His records are void of and he did not provide any evidence showing he completed any formal military training courses or was awarded additional awards and decorations not shown on his DD Form 214.

10.  Army Regulation 600-8-24 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Service Ribbon is awarded upon successful completion of initial entry training.  

	b.  The marksmanship 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  Instructions stated to enter in:

	a.  item 13 – decorations, service medals, campaign credits, and badges awarded or authorized;

	b.  item 14 – formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the enlisted record brief and to include the title, length in weeks, and year completed.  This information was to assist the Soldier in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that while in week 6 of basic training, the applicant was assigned a permanent physical profile and was recommended for separation.  His records are void of and he failed to provide any evidence showing he completed any formal in-service military training.
2.  His records are void of and he failed to provide evidence of any additional or authorized awards, decorations, or badges.  Further, his DA Form 2-1 erroneously lists award of the Army Service Ribbon.

3.  In view of the above, insufficient evidence has been presented showing the applicant is entitled to additional awards, decorations, or badges or completion of any formal in-service military training not shown on his DD Form 214.

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 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)                                         AR20140003104



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ABCMR Record of Proceedings (cont)                                         AR20140003104



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