IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005748 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) and NGB Form 22 (Report of Separation and Record of Service) to show additional awards and military education. 2. The applicant states that he was assigned to Company C, 27th Engineer Battalion (Combat) (Airborne), from 18 August 1988 to 1 March 1989. He qualified expert with the M-16 rifle on 18 August 1988, orders awarded him the Army Achievement Medal on 3 October 1988, he completed the Unit Armorer Course on 13 January 1989, and he was authorized to accept and wear the Honduran Parachutist Badge on 1 March 1989. 3. The applicant provides – * DA Form 3595 (Record Fire Scorecard) * Army Achievement Medal award orders * DA Form 87 (Certificate of Training) * U.S. Total Army Personnel Command memorandum * NGB Form 22 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 U.S. Army Reserve (USAR) on 19 December 1986 for a period of 8 years. He further enlisted in the Regular Army (RA) on 3 February 1987 for a period of 3 years. He was awarded military occupational specialty (MOS) 12B (Combat Engineer). 3. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Order 164-19, dated 25 August 1987, awarded the applicant the Parachutist Badge based on successful completion of Airborne Training, effective 4 September 987. 4. His DA Form 2-1 (Personnel Qualification Record), prepared on 5 February 1987 and reviewed by the applicant on 5 January 1988, shows in: * item 9 (Awards, Decorations and Campaigns) – * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Parachutist Badge * Army Service Ribbon * item 17 (Civilian Education and Military Schools) – * Combat Engineer (MOS 12B), 13 weeks, 1987 * Basic Airborne, 3 weeks, 1987 * item 18 (Appointments and Reductions), he was promoted to private first class (PFC), effective and with a date of rank (DOR) of 1 May 1988 * item 35 (Record of Assignments): Headquarters and Headquarters Company, 27th Engineer Battalion, Fort Bragg, NC, from 21 September 1987 through 1 February 1990 5. The applicant's DD Form 214 shows he was honorably released from active duty on 2 February 1990 in the rank of PFC (E-3) and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 3 years of net active service during this period. It also shows in – * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Army Service Ribbon * Army Good Conduct Medal * Army Lapel Button * item 14 (Military Education) the entry, "None/Nothing Follows" 6. On 31 August 1990, the applicant enlisted in the Army National Guard of the United States (ARNGUS) and Ohio Army National Guard (OHARNG) for a period of 4 years. 7. His DA Form 2-1, prepared on 23 September 1990 and reviewed by the applicant on 12 September 1992, shows in – * item 9 – * Army Service Ribbon * Army Good Conduct Medal * Noncommissioned Officer Professional Development Ribbon * Parachutist Badge * Honduran Jump Wings [pencil entry] * Qualification Badge with Rifle (M-16) Bar * item 17 (Civilian Education and Military Schools) – * Combat Engineer (MOS 12B), 13 weeks, 1987 * Primary Leadership Development Course, 2 weeks, 1991 * item 18, he was promoted to sergeant (SGT) effective and with a DOR of 25 April 1992 * item 35: Company C, 372nd Engineer Combat Battalion, Lebanon, OH, from 31 August 1990 through 13 February 1992 8. The applicant's NGB Form 22 shows he was honorably discharged from the ARNGUS and OHARNG on 1 May 1993 in the rank of SGT (E-5) and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 2 years, 9 months, and 1 day of net service during this period. It also shows in – * item 12 (Military Education) – * Combat Engineer, 13 weeks, November 1990 * Primary Leadership Development Course, 2 weeks, November 1991 * item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) – * Noncommissioned Officer Professional Development Ribbon * Parachutist Badge * Army Service Ribbon * Army Good Conduct Medal * National Defense Service Medal 9. Headquarters, USAR Personnel Center, St. Louis, MO, Orders D-02-513887, dated 7 February 1995, honorably discharged the applicant from the USAR effective 7 February 1995. 10. A review of the applicant's military personnel records failed to reveal evidence of any orders or other documentary evidence that shows he was authorized or awarded the Army Achievement Medal, the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, or that he completed Unit Armorer Course. 11. In support of his request the applicant provides the following documents. a. DA Form 3595 that shows he was assigned to Company C, 27th Engineer Battalion, and qualified expert (36 hits out of 40 shots) with an unspecified weapon on 18 August 1988. b. Headquarters, 27th Engineer Battalion (Combat) (Airborne), Fort Bragg, NC, Permanent Orders 277-2, dated 3 October 1988, that awarded him an "impact" Army Achievement Medal for meritorious achievement . c. DA Form 87 that shows he successfully completed the 80-hour Unit Armorer Course (Course Number 3-89) at Fort Bragg, NC, during the period 2 January 1989 through 13 January 1989. d. Headquarters, U.S. Total Army Personnel Command, Alexandria, VA, memorandum, dated 31 March 1989, subject: Acceptance and Wear of Foreign Badges, that shows the Chief, Boards Section, Military Awards Branch, authorized the applicant to accept and wear the Honduran Parachutist Badge. 12. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Chapter 8 (Badges and Tabs) shows the purpose of awarding badges and tabs is to provide public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. (1) Section IV (Marksmanship Badges and Tabs), paragraph 8-47 (U.S. Army Basic Marksmanship Qualification Badges), shows a basic Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. (2) Table 8–2 (U.S. Army Badges and Tabs) lists the only weapons for which component bars are authorized. Basic Marksmanship Qualification Badges are awarded to U.S. military and civilian personnel, and to foreign military personnel, who qualify as prescribed. It shows the approval authority is any commander in the rank or position of lieutenant colonel (O–5) or higher. b. Chapter 9 (Foreign and International Awards and Decorations to U.S. Personnel), paragraph 9-26 (Foreign Badges), shows that commanders (overseas and continental United States) serving in the rank of brigadier general or above and colonel (O–6 level) commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D (Foreign Badges). Table D-1 (Foreign Badges) lists foreign badges authorized for acceptance and wear on the Army uniform and shows for the country of Honduras, in pertinent part, the Honduran Parachute Badge. 13. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records; and b. item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 and NGB Form 22 should be corrected to show the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Army Achievement Medal, Honduran Parachutist Badge, and the Unit Armorer Course. 2. The applicant's DA Form 2-1, prepared during the period of his active duty service, shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar and the Expert Marksmanship Qualification Badge with Grenade Bar. a. His DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; it does not show the Expert Marksmanship Qualification Badge with Grenade Bar. b. His NGB Form 22 does not show any Marksmanship Qualification Badges. c. The applicant provides evidence that he qualified expert during a record fire with an unspecified weapon on 18 August 1988. However, there is no entry on either of his DA Forms 2-1 nor are there any orders showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. d. Thus, there is an insufficient evidentiary basis to correct his records to show the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. 3. The evidence of record shows – * permanent orders awarded the applicant the Army Achievement Medal * he was authorized to accept and wear the Honduran Parachutist Badge 4. The evidence of record shows the applicant completed the 3-week Basic Airborne Course on 4 September 1987 and the 2-week Unit Armorer Course on 13 January 1989, which was during his period of active duty and prior to the period of service covered by his NGB Form 22. 5. In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 and NGB Form 22 to show his awards and military education, as recommended below. 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 and Army National Guard records of the individual concerned be corrected by: a. adding the following awards to item 13 of his DD Form 214: * Army Achievement Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Honduran Parachute Badge b. deleting the current entry from item 14 of his DD Form 214 and adding – * Basic Airborne Course, 3 Weeks, September 1987 * Unit Armorer Course, 2 Weeks, January 1989 c. adding the following awards to item 15 of his NGB Form 22: * Army Achievement Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Honduran Parachute Badge 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 Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. _______ _ 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) AR20150005748 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005748 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1