IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006145
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 the following awards:
* Meritorious Mast
* Certificate of Commendation
* Letter of Appreciation
* Sharpshooter Marksmanship Qualification badge with rifle bar
* Marksman Marksmanship Qualification with pistol bar
2. The applicant states all awards are not listed on his last DD Form 214.
3. The applicant provides a copy of his DD Form 214 for service with U.S. Army, DD Form 214 from service with U.S Marine Corps, Meritorious Mast Certificate, Certificate of Commendation, Certificate of Completion for Sergeants Distance Education Program, and a Certificate of Completion for the Jungle Warfare Course.
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. Records show the applicant enlisted in the U.S. Maine Corps on
18 November 1996. He was honorably released on 20 August 2000. His
DD Form 214 lists the following awards:
* Armed Forces Expeditionary Medal
* Overseas Service Ribbon
* Sea Service Deployment Ribbon
* Meritorious Mast
* Certificate of Commendation
* Sharpshooter Marksmanship Qualification Badge with rifle bar
* Marksman Marksmanship Qualification Badge with pistol bar
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Navy Unit Commendation
3. On 10 January 2004, the applicant entered active duty for training. He was honorably released on 15 May 2004. His DD 214 for this period lists the following awards:
* Global War on Terrorism Service Medal
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Navy Unit Commendation
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon
* Sea Service Deployment Ribbon
4. The applicant provides a certificate for the Meritorious Mast and a Certificate of Commendation from the U.S. Marine Corps.
5. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The award of the Sharpshooter Marksmanship Qualification Badge with rifle bar and the Marksman Marksmanship Qualification Badge with pistol bar are recorded on his previously issued DD Form 214. Therefore he is entitled to have these awards listed on his latest DD Form 214.
2. The applicant's request for the correction of his DD form 214 as it pertains to the following items is acknowledged:
* Meritorious Mast
* Certificate of Commendation
* Letter of Appreciation
3. However, based on the Military Awards regulation, Certificates of Achievement, letters of Appreciation, and similar documents are not recorded on the DD Form 214.
4. Therefore, he is not entitled to correction of his DD Form 214 to add these items.
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 adding the following awards to his DD Form 214 with the separation date
15 May 2004:
* Sharpshooter Marksmanship Qualification Badge with rifle bar
* Marksman Marksmanship Qualification Badge with pistol bar
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 the Meritorious Mast, Certificate of Commendation, and the Letter of Appreciation.
___________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) AR20140006145
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006145
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110006575
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 January 2011 to shows award of the: * National Defense Service Medal (NDSM) (3rd Award) * Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars * Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-249) and Pistol Bars * Network+ Course * Basic Information Management Operators Course 2. He states, in effect, that his DD Form 214...
ARMY | BCMR | CY2014 | 20140014884
ARMY | BCMR | CY2010 | 20100014162
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 be corrected to show completion of the NCOA Course and additional marksmanship qualification badges for the carbine, pistol, M-1 rifle, and submachine gun. Army Regulation 635-5 does not authorize entries of letters of appreciation on the DD Form 214.
ARMY | BCMR | CY2013 | 20130019473
The applicant requests the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Adding his award of the Army Commendation Medal (ARCOM) * Showing no lost time in item 26a (Non-Pay Periods Time Lost) * Showing in item 30 (Remarks) that he had no lost time * Showing in item 30 that he served in Vietnam during the period 4 April 1969 3 April 1970 * Showing in item 22c (Foreign and/or Sea Service) all of his foreign service * Adding...
ARMY | BCMR | CY2008 | 20080009970
The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge; Army Commendation Medal; Army Achievement Medal; Good Conduct Medal; Army Service Ribbon; and the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars. There are no orders or other evidence to show the applicant was awarded the Army Commendation Medal. Records show the applicant qualified for award of the Vietnam Service Medal and that he...
ARMY | BCMR | CY2010 | 20100014607
Letter from the Chief, Awards and Decorations Branch, US Army Human Resources Command, dated 21 April 2010, awarding the Meritorious Service Medal and issuing a DD Form 215 (Correction to DD Form 214). d. His retirement DD Form 214 for 31 January 1985. The applicant's records contain 7 DD Forms 214 covering his 20-plus years of active service.
ARMY | BCMR | CY2014 | 20140019164
The applicant provides: * Army Board for Correction of Military Records (ABCMR) Docket Number AR20130012490, dated 18 February 2014 * ABCMR Docket Number AR2002068237, dated 28 February 2002 * DD Form 214, ending on 10 September 2004 * DD Forms 215, dated 13 March 2013, and 4 April 2013 * DA Form 2-1 (Personnel Qualification Record) * Four certificates for award of the NATO Medal * Letter from HRC * Letter from the National Personnel Records Center * Certificate and orders for the Bronze...
ARMY | BCMR | CY2013 | 20130010412
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and Royal Thai Army Airborne Wings. A review of the applicant's military personnel records failed to reveal evidence of award of the MSM or Royal Thai Army Airborne Wings.
ARMY | BCMR | CY2009 | 20090017808
The applicant requests, in effect, correction of his records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Army Commendation Medal * award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * award of "wings" * he received a letter of appreciation and a letter of commendation * his rank/pay grade at the time of his relief from...
ARMY | BCMR | CY2011 | 20110011809
General Orders Number 3963 issued by Headquarters, 9th Infantry Division, dated 4 April 1969, awarded him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 October to 24 November 1968. This evidence is sufficient to award him the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him...