IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005292
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 Army Achievement Medal and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
2. The applicant states he is in poor health and never made time to have his record corrected.
3. The applicant provides:
* DD Form 214
* Permanent Orders 49-3
* an extract of his 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 1 February 1979. He completed training and was awarded military occupational specialty 19D (Cavalry Scout).
3. On 27 April 1984, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows he was awarded or authorized the:
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Driver and Mechanic Badge
4. He provides and his records contain:
a. Permanent Orders 49-3, issued by Headquarters, 1st Infantry Division Forward, dated 16 May 1984, which show he was awarded the Army Achievement Medal for meritorious achievement during the period 19 to 20 February 1984.
b. an extract of his DA Form 2-1, in which item 9 (Awards, Decorations, and Campaigns) shows he qualified on 1 July 1982 for award of the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Army Achievement Medal. Further evidence shows he qualified on 1 July 1982 for award of the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). Therefore, he is entitled to correction of his DD Form 214 to reflect this award and badge.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Achievement Medal and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) to his 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) AR20140005292
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ABCMR Record of Proceedings (cont) AR20140005292
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