BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160006306 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 March 2018 DOCKET NUMBER: AR20160006306 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) for the period ending 4 January 1985 to show: a. award of the Army Achievement Medal and b. award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The applicant states: a. He was awarded the Army Achievement Medal on 8 January 1985, but this award was not included on his DD Form 214 for the period ending 4 January 1985. b. His DD Form 214 for the period ending 26 June 1981 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), but his DD Form 214 for the period ending 4 January 1985 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 3. The applicant provides: * DD Forms 214 for the periods ending 26 June 1981 and 4 January 1985 * Army Achievement Medal Certificate 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 27 June 1978 for a period of 3 years. 3. There are no award orders for any marksmanship qualification badges in the available records for his first enlistment period. However, item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II), reviewed by him on 1 February 1980, shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 2 July 1980. 4. On 26 June 1981, he was honorably released from active duty. His DD Form 214 for the period ending 26 June 1981 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He enlisted again in the Regular Army on 5 January 1982 for a period of 3 years. 6. There are no award orders for any marksmanship qualification badges in the available records for his second enlistment period. 7. Item 9 of his DA Form 2-1, reviewed by him on 24 April 1984, shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Second Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Hand Grenade Bar are lined-through and the following awards are listed: * Army Service Ribbon * Army Good Conduct Medal (2nd Award) * unspecified Marksmanship Qualification Badge with Rifle Bar (M-16) * unspecified Marksmanship Qualification Badge with Hand Grenade Bar 8. Item 35 (Record of Assignments) of his DA Form 2-1, reviewed by him on 24 April 1984, shows he was assigned to: * Battery C, 1st Battalion, 83d Field Artillery Regiment, in Germany as a turret mechanic from 17 January 1982 through 31 March 1984 * Battery C, 2d Battalion, 29th Field Artillery Regiment, in Germany as a turret mechanic from 1 April 1984 through on or about 4 January 1985 9. On 4 January 1985, he was honorably discharged by reason of expiration term of service. 10. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 4 January 1985 shows he was awarded or authorized the: * Army Service Ribbon * Army Good Conduct Medal (2nd Award) * Overseas Service Ribbon (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Hand Grenade Bar 11. There are no orders for the Army Achievement Medal in the applicant's available records. 12. He provided an Army Achievement Medal Certificate, dated 8 January 1985, showing he was awarded the Army Achievement Medal on 8 January 1985 for exceptionally meritorious service during the period 16 January 1982 to 16 January 1985 while serving as a turret mechanic assigned to 2d Battalion, 29th Field Artillery Regiment. The certificate is signed by the battalion commander. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Achievement Medal is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. b. Marksmanship qualification badges are 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 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. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically. An award once revoked will not be reinstated. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant provided an Army Achievement Medal Certificate showing he was awarded the Army Achievement Medal on 8 January 1985 for exceptionally meritorious service during the period 16 January 1982 to 16 January 1985 while serving as a turret mechanic assigned to 2d Battalion, 29th Field Artillery Regiment. The certificate is signed by the battalion commander. There are no orders awarding him the Army Achievement Medal in his records. 2. His DA Form 2-1 for the relevant period shows he was assigned to Battery C, 1st Battalion, 83d Field Artillery Regiment, as a turret mechanic from 17 January 1982 through 31 March 1984 and to Battery C, 2d Battalion, 29th Field Artillery Regiment, as a turret mechanic from 1 April 1984 through on or about 4 January 1985. The evidence of record suggests he was awarded the Army Achievement Medal after his separation date. 3. He contends his DD Form 214 for the period ending 4 January 1985 should show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 2 July 1980 which is properly shown on his DD Form 214 for the period ending 26 June 1981. 4. If a Soldier scores lower in a subsequent record test, the higher award is no longer authorized. There is no evidence showing he attained the same qualification with the M-16 rifle during his second enlistment period. Administrative regularity is presumed with regard to preparation of his DD Form 214 for the period ending 4 January 1985. I BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160006306 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 adding award of the Army Achievement Medal to his DD Form 214 for the period ending for the period ending 4 January 1985. 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 adding award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214 for the period ending for the period ending 4 January 1985. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2