RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070017935 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Expert Infantryman Badge. 

2.  The applicant states, in effect, that his DD Form 214 shows the Combat Infantryman Badge and should show the Expert Infantryman Badge.  He should also have the Expert Marksmanship Qualification Badge with Rifle Bar, instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He qualified overseas as an expert and also qualified with the 3rd Armored Division Marksmanship Detachment.  He attended two NCO (noncommissioned officer) schools; one in Fort Polk, Louisiana, in 1963, and the other one with the 3rd Armored Division NCO Academy, in Kirch Goins, West Germany, in 1964.

3.  The applicant provides a copy of his DD Form 214, a copy of his Leaders Preparation Course photograph, a copy of orders awarding him the Expert Infantryman Badge, and a copy of his certificate of course completion in support of his request. 

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 18 March 1963.  He successfully completed basic combat training and advanced individual training at Fort Polk, Louisiana.  On completion of his training, he was awarded the military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  

3.  The applicant served in Germany from 26 August 1963 to 25 February 1966.  He was promoted to pay grade E-5 on 28 January 1965.  He served until he was honorably released from active duty on 7 March 1966. 
4.  The applicant's DD Form 214 shows, in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Combat Infantryman Badge.  His DD Form 214 does not show any additional awards.

5.  The applicant provided a copy of Headquarters, 3rd Battalion, 32nd Armor, 3rd Armored Division (Spearhead) Unit Order Number 84, dated 27 June 1964, which shows that he was awarded the Expert Infantryman Badge.

6.  A review of the applicant's records failed to show that he served in combat.

7.  Item 29 (Qualification in Arms), of the applicant's DA Form 20 (Enlisted Qualification Record), shows he qualified as expert with the M-60 Machinegun in July 1963 and as a sharpshooter with the M-1 Carbine in April 1963.

8.  Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), shows that he was awarded the Driver and Mechanic Badge by Unit Order Number 106, issued by HHC (Headquarters and Headquarters Company), 3rd Battalion, 32nd Armor; the Combat Infantryman Badge, issued by Unit Order Number 84, Headquarters, 3rd Battalion, 32nd Armor; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14) by Special Orders Number 212, Headquarters 3rd Battalion, 32nd Armor.

9.  There is no evidence in the available record to show that the applicant qualified as expert with his assigned weapon.

10.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed), of his DD Form 214, shows the entry "NONE/NA/NA."

11.  Item 27 (Military Education), of his DA Form 20 (Enlisted Qualification Record), shows he completed the NCO Academy at the 3rd Armored Division in 1964, which was 5 weeks in duration.  Item 28 (Specialized Training), of his DA Form 20, shows he completed the NCO LPC (Leaders Preparation Course), on 21 June 1963, which was 2 weeks in duration.

12.  The applicant provided a copy of his Leaders Preparation Course photograph, which lists his name, and indicates that he completed Class 21-1963, at the Fort Polk NCO Academy, Fort Polk, Louisiana.

13.  The applicant provided a copy of a certificate of course completion awarded to him in recognition of his successfully completing the course of instruction at the NCO Academy on 9 October 1964.  

14.  Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning military awards.  It states, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2 August 1990 to 30 November 1995.  

15.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  It states, in pertinent part, 
that item 28 will list formal in-service training courses successfully completed during the period of service covered, by title, and include dates.  This entry also includes military sponsored courses completed in civilian schools and colleges.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Expert Infantryman Badge and not the Combat Infantryman Badge.  Therefore, he is entitled to correction of his record to show this award.  

2.  The applicant’s DD Form 214 shows that he was awarded the Combat Infantryman Badge; however, he served overseas in Germany and a review of his military record failed to show that he served in combat.  It is apparent, that a clerical error occurred, by typing the Combat Infantryman Badge instead of the Expert Infantryman Badge at the time of preparation of his DD Form 214.  The applicant now wishes to remove the Combat Infantryman Badge from his DD Form 214.  Therefore, the Combat Infantryman Badge should be removed from item 26, of his DD Form 214, and the Expert Infantryman Badge added in its place.

3.  The evidence shows that the applicant was awarded the Driver and Mechanic Badge, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, he is entitled to correction of his record to show these awards.




4.  There is no evidence, and the applicant has provided none, to show that he earned the level of expert and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, he is not entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his record to show this award.

6.  The evidence of record shows that the applicant completed the NCO LPC (Leaders Preparation Course) on 21 June 1963, which was 2 weeks in duration and the NCO Academy, at the 3rd Armored Division in 1964, which was 5 weeks in duration.  Therefore, he is entitled to correction of item 28, of his DD Form 214 to show the entry "3rd Armored Division/1964 (5 weeks)/NCO Academy" and the entry "Ft Polk NCO Academy/1963 (2 weeks)/Leaders Preparation Course."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___J____  __LD____  __JM___  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:

a.  by removing the Combat Infantryman Badge from item 26 of his
DD Form 214;

b.  by showing that he was awarded the Expert Infantryman Badge;  

c.  by showing that he was awarded the Driver and Mechanic Badge; the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1); the 
Expert Marksmanship Qualification Badge with Machinegun Bar (M-60); and the National Defense Service Medal, and adding these awards to his DD Form 214; and
	d.  by showing the entry, "3rd Armored Division/1964 (5 weeks)/Non commissioned Officer's Course Academy" and the entry "Ft Polk Non-commissioned Officer's Academy/1963 (2weeks)/Leaders Preparation Course," in item 28 of his DD Form 214.

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 award of the Expert Marksmanship Qualification Badge with Rifle Bar.




	____John T. Meixell____
          		CHAIRPERSON




INDEX

CASE ID
AR20070017908
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080327
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660307
DISCHARGE AUTHORITY
AR635-205
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.