IN THE CASE OF: BOARD DATE: 16 April 2009 DOCKET NUMBER: AR20090001209 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 that he be awarded the National Defense Service Medal. 2. The applicant states, in effect, he was on active duty at the beginning of a period that the National Defense Service Medal was authorized. 3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and an excerpt from the Army awards regulation. 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 18 August 1958, completed training, and served in Germany for two years. 3. On 18 March 1961, the applicant received a letter of appreciation from his unit commander. It stated that the applicant was one of the most reliable, hard working members of the platoon. He frequently worked long, hard hours with little rest or complaint. 4. The applicant's DA Form 24 (Service Record) shows he qualified as a marksman on the M-1 rifle in 1958, as a marksman on the carbine in 1959, and as an expert on the M-1 rifle in 1960, with award of the appropriate qualification badges. 5. On 27 May 1961, the applicant was honorably released from active duty by reason of "Early Release - Overseas Returnee," and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. During his tenure on active duty he served 2 years, 9 months, and 10 days of creditable service and the highest rank/grade he attained was specialist four (SP4)/E-4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 lists no awards or decorations. 6. Army Regulation 672-5-1 (Military Awards), as then in effect, provided that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive. This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon. 7. Army Regulation 600-8-22 (Military Awards) 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. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 8. Army Regulation 600-8-22 also provides, in pertinent part, that an award for a 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 level. DISCUSSION AND CONCLUSIONS: 1. The applicant served during a period for which the National Defense Service Medal was authorized for honorable active service. Therefore, his records should be corrected to show this award. 2. The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar were omitted from his DD Form 214. Therefore, it is appropriate to correct the applicant's record to show these marksmanship awards. BOARD VOTE: ____X___ ___X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Carbine 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) AR20090001209 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001209 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1