IN THE CASE OF: BOARD DATE: 21 May 2009 DOCKET NUMBER: AR20080019977 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, that his records be corrected to show all medals and awards he is entitled to including the Machine Gun Badge (correctly named the Marksmanship Qualification Badge with Machine Gun Bar). 2. The applicant states, in effect, that some of his awards are omitted from his records. 3. The applicant provides no additional documentation in support of this application. 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's record shows he enlisted in the Regular Army on 20 September 1963. He completed basic combat training and advanced individual training and was awarded military occupational specialty 112.07 (Heavy Weapons Infantryman). The highest rank he attained while serving on active duty was private (E-2). 3. Section 9 (Medals, Decorations, Citations) of the applicant's DA Form 24 (Service Record) shows that he earned the following awards during his active duty tenure: the Marksman Marksmanship Qualification Badge with Rifle Bar and the Parachutist Badge. 4. Special Orders Number 189, Headquarters, 1st Brigade (Training), Fort Ord, CA, dated 4 November 1963, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. On 8 July 1964, the applicant was honorably discharged from active duty after completing a total of 9 months and 19 days of active military service. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the "Marksman (Rifle)" and the Parachutist Badge. 6. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The 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. 7. A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 8. Army Regulation 600-8-22 also provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, and 2 August 1990 and 30 November 1995. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions that he is entitled to correction of his records to show award of a Marksmanship Qualification Badge with Machine Gun Bar and other awards were carefully considered and found to have partial merit. 2. There is no evidence nor did the applicant submit any evidence which shows he was awarded a Marksmanship Qualification Badge with Machine Gun Bar. Therefore, he is not entitled to have his records corrected to show this award. 3. Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to have his record corrected to show this award in lieu of the "Marksman (Rifle)" entry now entered on his DD Form 214. 4. The evidence of record also shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal. Therefore, he is also entitled to award of the National Defense Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. deleting the entry, "Marksman (Rifle)" from item 26 of his DD Form 214 dated 8 July 1964; and b. amending item 26 of the DD Form 214 dated 8 July 1964 by adding the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the National Defense Service Medal. 2. The Board further determined that 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 award of the Marksmanship Qualification Badge with Machine Gun 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. ABCMR Record of Proceedings (cont) AR20080019977 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1