IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016913 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016913 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016913 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 Bronze Star Medal, the Special Forces Unit Combat Unit Patch, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Marksman Marksmanship Qualification Badge. 2. The applicant states he qualified as an expert during Operation Just Cause, Panama 1989. He participated in many missions with Special Forces and served as an interpreter (Spanish) and a rifleman. He also participated in a fire fight with the enemy during a raid on a military compound in Santiago, Panama, on 24 December 1989. As a result of this action, he was recommended for the Bronze Star Medal. During re-qualification at Fort Ord, CA, he qualified as an expert. It was never updated on his DD Form 214 and this needs to be changed. Also, he earned the Special Forces Unit Combat Patch. It is unjust to deny him the Special Forces Unit Combat Patch since he has fought alongside Special Forces. 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 on 10 January 1989 and he held military occupational specialty 11B (Infantryman). He served in Panama from 20 December 1989 to 31 January 1990. 3. He was discharged on 5 September 1990, with a general discharge. His DD Form 214 shows he completed 1 years, 7 months, and 26 days of active service, which included 1 month and 12 days of foreign service. His DD Form 214 also shows he was awarded or authorized the: * Army Service Ribbon * Combat Infantryman Badge * Armed Forces Expeditionary Medal (Operation Just Cause) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar 4. Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists all the awards shown on his DD Form 214 5. His record is void of any evidence showing he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar. His record is also void of any orders awarding or authorizing him award of the Bronze Star Medal and Special Forces Combat Unit Patch by proper authority. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The regulation states the: a. Marksmanship qualification badge is 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 the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. b. Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. AR 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214. 3. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 4. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The evidence of record does not contain, nor did he provide any documentation to show that he qualified as an "expert" with the rifle during his period of service. He qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Grenade Bar. These badges are currently listed on his DD Form 214. 2. He contends that he was recommended for the Bronze Star Medal. However, there is no evidence of record and he provided none showing he was awarded or authorized the Bronze Star Medal during his period of active duty. While there is no available evidence for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 3. There is no evidence of record and he provided none showing he was awarded or authorized the Special Forces Combat Unit Patch during his period of active duty. However, this combat unit patch is an item of clothing and there are no regulatory provisions for showing uniform insignias on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016913 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016913 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2