IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017614 


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 Army Commendation Medal, Army Achievement Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides his DD Form 214.

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 and served from 24 June 1996 to 15 September 1999.  He was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, by reason of discharge in lieu of trial by court-martial and issued an under other than honorable conditions discharge.  He tested positive for drugs.

3.  The applicant's interactive Personnel Electronic Records Management System (iPERMS) records do not contain orders awarding him the Army Commendation Medal or the Army Achievement Medal.  His records contain orders awarding him the Air Assault Badge and his DA Form 2-1 (Personnel Qualification Record) indicates he only qualified as a sharpshooter with the M-16 rifle and expert with the hand grenade.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Service Ribbon, Air Assault Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Army Commendation Medal, Army Achievement Medal, and Expert Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214.

2.  There is no evidence of record and the applicant has provided no evidence to show he was ever recommended for or awarded the Army Commendation Medal or the Army Achievement Medal.  There is also no evidence to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  In the absence of evidence to the contrary, it appears the applicant's DD Form 214 is correct.  Therefore, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090017614



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ABCMR Record of Proceedings (cont)                                         AR20090017614



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