RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011804 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was awarded a Marksmanship Qualification Badge with Rifle Bar "M1."  He also, requests the award of the Cold War Recognition Certificate.

2.  The applicant states that he qualified with the M1 Rifle at Fort Jackson, South Carolina in October or November 1950 and he would like to have the Badge to which he is entitled to.

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center dated 6 August 2007.

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 military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant has requested award of the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

4.  The applicant's reconstructed military service records show that he was inducted and entered active duty on 13 September 1950.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 3290 (Personnel Management Specialist).

5.  The applicant's most significant duty assignment was with Battery C, 1st Field Artillery Training Battalion, 4050th "ASU."  The applicant was honorably released from active duty on 14 September 1952 after serving 2 years and 2 days of active service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) shows the entry "None."

7.  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.  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.  A review of the applicant's records indicates entitlement to an additional award and decoration not shown in item 27 of his DD Form 214.

9.  Army Regulation 600-8-22 as amended provides 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, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded a Marksmanship Qualification Badge with Rifle Bar “M1.”
2.  There is no evidence in the applicant's reconstructed military service records that show he was awarded a Marksmanship Qualification Badge.  Therefore, he is not entitled to correction of his records to show a Marksmanship Qualification Badge with Rifle Bar “M1.”

3.  Evidence shows that the applicant is entitled the award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__QAS__  __CLG___  __JRS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show a Marksmanship Qualification Badge with Rifle Bar M1.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the 
CMSD-St. Louis administratively corrects the records of the individual concerned to show the National Defense Service Medal.



___Curtis L. Greenway__
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY w/note
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.