IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016527 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016527 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 October 1982 by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar. 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 the AAM and/or an overseas service/training ribbon for training in Panama, or to show he completed the Jungle Warfare Training Course. ___________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. IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016527 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 October 1982 to show missing awards, decorations, and military education. 2. The applicant states, in effect, he would like his Army Achievement Medal (AAM) added to his DD Form 214. He would also like his Jungle Warfare Training Course added to his DD Form 214 as military training. The course was in Panama, so he would like an overseas service ribbon issued, if applicable. 3. The applicant provides: * his DD Form 214 for the period ending 3 October 1982 * DA Form 4980-18 (AAM Certificate), dated 20 September 1982 * Jungle Warfare Training Course Certificate, dated 28 May 1982 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 23 September 1980. He completed his initial entry training and was awarded military occupational specialty (MOS) 13B (Cannon Crewman) on 19 February 1981. 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows during initial entry training, he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar. 4. The applicant provides a course completion certificate that shows he completed the Jungle Warfare Training Course held at Fort Sherman, Panama, on 28 May 1982. 5. The applicant provides an AAM Certificate, dated 20 September 1982, which shows he was awarded the AAM for meritorious service while assigned to Battery C, 1st Battalion, 321st Field Artillery Regiment, from 9 January through 3 October 1982. There is no permanent order number listed on the certificate. 6. The applicant was honorably released from active duty on 3 October 1982 and was transferred to U.S. Army Reserve Control Group (Annual Training). He was assigned to Battery C, 1st Battalion, 321st Field Artillery Regiment, at the time of his separation. His DD Form 214 shows in: a. Block 12f (Foreign Service), the entry "00 00 00," indicating he was not credited with completion of any foreign service; b. Block 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the Army Good Conduct Medal (1st Award), Army Service Ribbon, and Air Assault Badge. c. Block 14 (Military Education), the entry "NA [non-applicable]," indicating the absence of any recorded military education or training during the period covered by the DD Form 214. 7. The applicant's record is void of orders that show he was awarded the AAM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that: a. The AAM is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself/herself 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. The 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. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of released from active duty, retirement, or discharge. a. Block 12f was used to document the total amount of active service completed outside the continental limits of the United States during the period covered by the DD Form 214. b. Block 13 required the preparer to list all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or State level awards on DD Form 214. State awards and decorations will be entered on NGB Form 22 upon separation from the ARNG. c. Block 14 required the preparer to list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the 214 of at least one week or 40 hours duration. Include course 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. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his AAM, the Jungle Warfare Training Course, and any missing awards, decorations, and military education. 2. The applicant's DA Form 2-1 shows he qualified as a sharpshooter with the rifle (M-16) and as an expert with the hand grenade. As a result, he is authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar. These qualifications are not listed on his DD Form 214. 3. The applicant provides an AAM Certificate issued on 20 September 1982 that shows he was awarded the AAM for meritorious service for a period ending on his separation date. The available records do not show that orders were issued announcing this award; however, based on the data on the certificate, the award may have been given upon the occasion of his separation, which is tradition in many units. The Board must determine if, in the absence of orders, the certificate is sufficient as a basis for adding this award to his DD Form 214. 4. The Jungle Warfare Training Course certificate serves as evidence he trained in Panama and completed the course. However, the course is not listed on the DD Form 214 because it was a training course used to provide combat skills to service members. In addition, no award is authorized by the governing regulation for service in Panama during training or training exercises. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016527 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2