BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004809 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 BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004809 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 to show: a. He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar; and b. Dental care was provided within 90 days prior to separation. 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 correcting his records to show he was awarded the Expert Marksmanship Qualification Badge with Auto Rifle 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. BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004809 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 13 November 1987 to show: a. he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and Auto Rifle Bar; and b. he did receive dental services and treatment within 90 days prior to separation. 2. The applicant states his company commander stopped him from getting his teeth filled. His commander thought it was funny and told a girl what to put on his DD Form 214. 3. The applicant provides Standard Forms 630A (Health Record – Dental), a unidentifiable document that lists three awards, and 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 on 13 March 1986. He completed his initial entry training and was awarded military occupational specialty 31M (Multi-Channel Communications Equipment Operator). 3. The applicant's complete dental records are not available for review in this case; however, he submitted documents that show he was seen at a dental clinic on 13 October 1987, approximately one month prior to his date of separation 4. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Hand Grenade Bar. His record provides no indication he was awarded the Expert Marksmanship Qualification Badge with Auto Rifle Bar. 5. The applicant was discharged on 13 November 1987. The DD Form 214 he was issued shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the Army Service Ribbon and the Marksmanship Qualification Badge with Rifle Bar (M-16). b. Item 18 (Remarks), the entry "Dental care was not provided within 90 days prior to separation." 6. It is unclear if the applicant underwent any further dental procedures between 13 October and his date of discharge, and it is unclear if he out-processed through the dental clinic at separation. 7. The applicant provides an unidentifiable document that lists the following awards: Army Service Ribbon, Expert Badge with Grenade Bar, and Marksman Badge with Auto Rifle Bar. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. 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) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 17 is applicable only to Soldiers who have completed 180 days or more of continuous active duty (check the SF 603 (Health Record-Dental) for validity of exam and all appropriate treatment). DISCUSSION: 1. The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. This award is not listed on his DD Form 214. 2. Additionally, the applicant requests correction of his record to show he did not receive all of the appropriate dental services and treatment that he was authorized 90 days prior to his discharge. The evidence of record shows the applicant was seen at dental sick call approximately 30 days prior to his discharge. However, his DD Form 214 erroneously shows he was not provided dental care within 90 days prior to separation. 3. The applicant's record contains no evidence that confirms he was awarded the Expert Marksmanship Qualification Badge with Auto Rifle Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004809 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2