ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  14 February 2020

	DOCKET NUMBER:  AR20190008995


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 21 January 1983, to show, in effect, 
his:

*	rank/grade as corporal (CPL)/E-4
*	Army Commendation Medal (ARCOM)
*	Expert Infantryman Badge (EIB)
*	National Defense Service Medal (NDSM)
*	Expert Marksman Marksmanship Qualification Badge
*	Parachutist Badge
*	Joint Service Ribbon (Germany); and
*	that he was not a Reservist

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	ARCOM certificate
*	Letter of Commendation
*	"100 Mile Club" certificate

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The Board will not consider award of the ARCOM, Sharpshooter Marksmanship 
Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification 
Badge with Grenade Bar as these items will be addressed through an administrative 
correction.

3.  The applicant enlisted in the Regular Army on 22 January 1980.  Upon completion of 
training, he was awarded military occupational specialty (MOS) 11B (Infantryman). 

4.  His DA Form 2-1 (Personnel Qualification Record, Part II) contains the following 
information:

     a.  Item 18 (Appointments and Reductions) shows he was promoted to the 
rank/grade of specialist four (SP4)/E-4 on 7 October 1981.  There are no entries on this 
form showing he was promoted or laterally promoted to CPL.  

     b.  Item 5 (Overseas Service) and item 35 (Record of Assignments) shows he was 
assigned to Germany from 9 May 1980 through 14 February 1982 and he served with 
Company B, 1st Battalion, 87th Infantry Regiment.

5.  On 21 January 1983, he was honorably released from active duty and transferred to 
the U.S. Army Reserve (USAR) Control Group (Reinforcement) in the rank/grade of 
SP4/E-4.  The DD Form 214 he was issued shows he was awarded or authorized the:

*	Army Service Ribbon
*	Overseas Service Ribbon
*	Army Good Conduct Medal
*	Air Assault Badge

6.  On 21 January 1986, the applicant was honorably discharged from the USAR in the 
rank/grade of SP4/E-4.

7.  The available records do not include any documents showing the applicant:

*	was promoted or laterally appointed to the rank/grade of CPL/E-4
*	served on active duty during a period the NDSM was authorized
*	was awarded the EIB
*	qualified as an expert on his assigned weapon
*	completed airborne training
*	served in a joint command 

7.  The applicant provides a certificate from the "100 Mile Club" dated 24 April 1980 and 
a Letter of Commendation dated 21 April 1982, for his performance during the Fire 
Eagle I Exercise.

8.  Army Regulation 635-5 (Personnel Separation – Separation Documents), then in 
effect, states the DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty service.  It provides a brief, clear-cut record of active duty service 
at the time of release from active duty, retirement, or discharge.  


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
partial relief was warranted.  Based upon the documentary evidence in the record, the 
Board found that he applicant had received and been awarded an ARCOM that’s 
currently not reflected on the applicant’s DD Form 214.  The Board recommended that 
change be completed to more accurately reflect his military record.

The Board also determined that all other requested relief by the applicant failed to have 
documentary evidence to support a change.  This includes the request showing “he’s 
not a reservist.”  The applicant’s current DD Form 214 reflects he served in the Regular 
Army (reflected as “RA” in Block 2).  The Board recommended that if the applicant has 
documentary evidence to support the other changes, that he resubmit an application 
with those documents for reconsideration.

Prior to closing the case, the Board did note that the administrative notes below from 
the analyst of record and recommended those changes be completed to more 
accurately reflect the military service of the applicant.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




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 Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by adding the Army Commendation Medal.

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 all other requested relief.

3.  Prior to closing the case, however, the Board noted the administrative notes below 
from the analyst of record and recommended those changes also be completed to more 
accurately reflect the military service of the applicant.
	  
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.

ADMINISTRATIVE NOTE(S):  The following orders and regulatory cites were sufficient 
to make the following administrative corrections to the applicant's DD Form 214 for the 
period ending 21 January 1983 without action by the Board:

Add the following to item 13 (Decorations, Medals, Badges, Citations and Campaign 
Ribbons Awarded or Authorized):  

*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar  
(M-16)
*	Marksman Marksmanship Qualification Badge with Grenade Bar

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures 
for awards.  

     a.  Award of the EIB requires that an individual must have satisfactorily completed 
the prescribed proficiency tests while assigned or attached to an infantry unit of at least 
battalion size.  To be eligible for testing and award of the EIB, a Soldier must be in an 
active Army status and must have an infantry or Special Forces specialty.

     b.  The NDSM is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 
and 30 November 1995, and 11 September 2001 and a date to be determined.

     c.  The Parachutist Badge is awarded to individual who have satisfactorily completed
the prescribed proficiency tests while assigned or attached to an airborne unit or the 
Airborne Department of the Infantry School or have participated in at least one combat 
parachute jump.

     d.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, 
and Marksman – in which an individual has qualified in a prescribed record course.  An 
appropriate bar is furnished to denote each weapon with which the individual has 
qualified.    

3.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management), in 
effect at the time, provides guidance on the selection of enlisted Soldiers for 
assignment, utilization, reclassification, details, transfers, and training.  Paragraph 3-14 
(Lateral Appointments) states:

     a.  Commanders (O-5 and above) may authorize lateral appointments of SP4 to CPL 
without local selection board action provided the Soldier concerned is assigned to an 
authorized (documented) noncommissioned officer (NCO) position in their career 
progression military occupational specialty.

     b.  Lateral appointments will be announced by either DA Form 4187 (Personnel 
Action) or informal memorandum.  DA Form 4187 or informal memorandum will be the 
only announcement of the lateral appointment.

     c.  Soldiers appointed to CPL will retain the grade when reassigned from the NCO 
position, including permanent change-of-station moves.  However, the unit commander 
may laterally appoint CPL to SP4 without the Soldier's consent.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190008995

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