RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           2 December 2003    
	DOCKET NUMBER:   AR2003088715

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 two awards of the Army Achievement Medal, the Multinational Force and Observers Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Air Assault Badge. 

2.  The applicant states, in effect, that these awards were issued close to his expiration term of service and were not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; two award certificates for the Army Achievement Medal; a certificate from the Multinational Force and Observers; DA Form 3595 (Record Fire Scorecard), dated 10 June 1992; orders for the Air Assault Badge; a completion certificate for the Air Assault School; reassignment orders; and discharge orders from the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 10 July 1993.  The application submitted in this case is dated 6 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 11 July 1989 for a period of 3 years.  He served as a voice interceptor and was honorably released from active duty on 10 July 1993.

4.  The applicant's DD Form 214 shows the Good Conduct Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Army Lapel Button, and the National Defense Service Medal as authorized awards.

5.  The applicant provided an award certificate for the Army Achievement Medal, dated 30 June 1993, for meritorious achievement during the period 23 July 1992 to 15 January 1993.  This award was published by Permanent Orders #16-52, Headquarters, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Air Assault). 

6.  The applicant provided an award certificate for the Army Achievement Medal, dated 21 June 1993, for meritorious service for the period 26 September 1991 to 11 July 1993.  This award was published by Permanent Orders #15-01, 311th Military Intelligence Battalion.

7.  The applicant provided a certificate which shows that he served with the Multinational Force and Observers from 23 July 1992 to 15 January 1993.

8.  The applicant provided a DA Form 3595, dated 10 June 1992, which shows that his qualification scores were rated expert on the rifle range. 

9.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders 311-048, dated 7 November 1991, show the applicant received the Air Assault Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Multinational Force and Observers (MFO) Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel must have served with the MFO at least 90 days cumulative after 3 August 1981. Effective 15 March 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded two awards of the Army Achievement Medal.

2.  The applicant served a period of qualifying service (177 days) with the Multinational Force Observers for award of the Multinational Force and Observers Medal.  

3.  Evidence of record shows the applicant was rated expert on the rifle range (presumably with the M-16, the soldier's primary assigned weapon) on 
10 June 1992 which entitles him to award of the Expert Qualification Badge with Rifle Bar.

4.  Orders show the applicant is entitled to award of the Air Assault Badge.  

BOARD VOTE:

FNE____  MHM____  PHM____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded two awards of the Army Achievement Medal, the Multinational Force and Observers Medal, the Expert Qualification Badge with Rifle Bar, and the Air Assault Badge.

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088715	
SUFFIX		
RECON		
DATE BOARDED	20031202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.