IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015194
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:
* Army Achievement Medal (AAM)
* marksmanship qualification with the pistol (.45 caliber and 9 millimeter)
* completion of Nuclear, Biological, and Chemical Training School
2. The applicant states he left the Federal Republic of Germany (FRG) prior to receiving the AAM.
3. The applicant provides no additional documentation.
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 27 June 1988, the applicant entered active duty and commenced training at Fort Sam Houston, Texas as a medical specialist. He completed his training and was released from active duty on 19 September 1989.
3. On 1 May 1990, the applicant enlisted in the Regular Army.
a. On 1 November 1990, he was assigned to the 3rd Squadron, 4th Cavalry Regiment located in the FRG.
b. On 21 October 1992, he departed the FRG for assignment at Fort Campbell, Kentucky.
4. A DA Form 87 (Certificate of Training), dated 28 July 1995, as filed in the applicants official military personnel file, shows he completed an 80-hour
(2-week) NBC Officer/Noncommissioned Officer Defense Course and Automatic Chemical Agent Alarm Certification.
5. On 27 March 1996, the applicant was discharged from active duty. His
DD Form 214 shows:
a. his awards as:
* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Air Assault Badge
b. his military education is blank.
6. Army Regulation 600-8-22 (Military Awards):
a. states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. 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.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided for recording military education in Item 14 of the DD Form 214. Those full time, formal, in-service courses listed in the Soldiers records that were successfully completed during the period of service covered by the DD Form 214 are to be entered. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show:
* Award of the Army Achievement Medal (AAM)
* Marksmanship qualification with the pistol (.45 caliber and 9 millimeter)
* Completion of Nuclear, Biological, and Chemical Training School
2. There are no available general orders announcing that the applicant was awarded the AAM. Without such evidence, this portion of his request should be denied.
3. There is no available evidence of record showing the applicant ever qualified with either a .45 caliber pistol or a 9 millimeter pistol. Therefore, this portion of his request should be denied.
4. Records show that in 1995 the applicant completed a 2-week nuclear, biological and chemical training course and received an automatic chemical agent alarm certification. Therefore, his DD Form 214 should be corrected to show this training.
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 showing he completed the 2-week Nuclear, Biological, and Chemical Officer/ Noncommissioned Officer Defense Course and Automatic Chemical Agent Alarm Certification, in 1995.
2. The Board further determined that the evidence presented was 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 award of the Army Achievement Medal and marksmanship qualification with a pistol.
_______ _ 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) AR20130002047
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ABCMR Record of Proceedings (cont) AR20140015194
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