BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140010803 


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 Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle Bar (M16A1), and Expert Marksmanship Qualification Badge with Pistol Bar
* a certificate of proficiency
* completion of the Combat Leader Course and Airborne Course

2.  The applicant states:

	a.  His DD Form 214 does not reflect the AGCM or the marksmanship qualification badges.

	b.  He completed the unit armorer certification test on 30 October 1992, he was the Distinguished Honor Graduate of the Combat Leader Course on 18 May 1992, and he completed the Airborne Course on 14 September 1990.

	c.  He would like to be awarded the AGCM based on his 3 years of honorable active service.

3.  The applicant provides:

* DD Form 214
* DA Form 6790-R (Record Firing Scorecard – Scaled Target Alternate Course
* DA Form 3595 (Record Fire Scorecard)
* DA Forms 88 (Combat Pistol Qualification Course Scorecard)
* certificate of proficiency
* certificate of training
* orders for two awards of the Army Achievement Medal
* certificates of achievement
* military excellence award
* certificate of appreciation
* diploma

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 22 May 1990 and trained as an infantryman.

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows:

* he qualified as Marksman with the M-16 Rifle on 20 June 1990
* he qualified as Marksman with the hand grenade on 29 June 1990

4.  He provided a diploma, dated 14 September 1990, which shows he completed the Airborne Course.  His DA Form 2-1 shows he completed the 
3-week basic Airborne Course in 1990.

5.  He provided DA Forms 88, dated 16 January 1991 and 15 March 1991, which show he qualified as Expert with the combat pistol.

6.  He provided a DA Form 6790-R, dated 24 June 1991, which shows he qualified as Expert with the M16A1 Rifle.

7.  He provided a certificate of training which shows he completed the 3-week Combat Leader Course in June 1992.

8.  He provided a DA Form 3595, dated 26 August 1992, which shows he qualified as Expert with an unspecified weapon.

9.  He provided a certificate of proficiency, dated 30 October 1992, which shows he completed the unit armorer certification test.

10.  On 21 May 1993, he was honorably released from active duty in the rank of specialist four after completing 3 years of creditable active service with no lost time.

11.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Parachutist Badge
* Army Achievement Medal with Second Oak Leaf Cluster
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16A1)

12.  Item 14 (Military Education) of his DD Form 214 shows the entry "NONE//
NOTHING FOLLOWS."

13.  There are no orders for the AGCM in the available records.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

14.  There are no orders which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar or Expert Marksmanship Qualification Badge with Pistol Bar.

15.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.


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

17.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

18.  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.  The regulation stated for item 14, list formal in-service (full-time attendance) training courses of at 40 hours successfully completed (include title, length in weeks, and month and year completed).  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank of specialist four with 3 years of total active service and no lost time.  He had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 22 May 1990 through 21 May 1993 based on completion of 3 years of qualifying service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

2.  The applicant's DA Form 2-1 shows he qualified as Marksman with the M-16 Rifle in June 1990 and his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M16A1).  However, the evidence provided by the applicant shows he qualified as Expert with the M16A1 Rifle in 1991 and apparently in 1992.  Therefore, the DA Form 6790-R which shows he qualified as Expert with the M16A1 Rifle in June 1991 is accepted as sufficient evidence on which to base amending his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M16A1) instead of the Marksman Marksmanship Qualification Badge with Rifle Bar (M16A1) that is currently shown.

3.  The DA Forms 88 which show he qualified as Expert with the combat pistol in 1991 are accepted as sufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Pistol Bar to his DD Form 214.

4.  The entry in item 9 of his DA Form 2-1 which shows he qualified as Marksman with the hand grenade is accepted as sufficient evidence on which to base adding the Marksman Marksmanship Qualification Badge with Grenade Bar.

5.  Since certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214, there is no basis for adding the certificate of proficiency for completion for the unit armorer certification test to his DD Form 214.

6.  The evidence shows he completed the 3-week Combat Leader Course in June 1992.  Therefore, item 14 of his DD Form 214 should be corrected to show this training.

7.  The diploma provided by the applicant which shows he completed the 3-week Airborne Course in 1990 is accepted as sufficient evidence on which to base adding this course to his 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:

	a.  awarding him the AGCM (1st Award) for the period 22 May 1990 through 21 May 1993;

	b.  deleting award of the "RIFLE M16A1 MARKSMAN QUALIFICATION BADGE" from his DD Form 214;

	c.  adding award of the AGCM (1st Award), Expert Marksmanship Qualification Badge with Rifle Bar (M16), Expert Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar to his DD Form 214; and 

	d.  deleting the current entry in item 14 of his DD Form 214 and adding the entries "Airborne Course, 3 weeks, 1990" and "Combat Leader Course, 3 weeks, 1992."

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 adding a certificate of proficiency 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)                                         AR20140010803



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ABCMR Record of Proceedings (cont)                                         AR20140010803



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