IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080004140
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 correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal, the Foreign Service Medal, and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).
2. The applicant states that he volunteered for the U.S. Army and served honorably for 3 years on active duty. He spent 10 months in Korea and he qualified as an Expert on the M-60 machine gun. He states he earned these awards and recognitions and they should be part of his permanent military record.
3. The applicant provides a copy of his DD Form 214 and a DA Form 85 (Machine Gun Marksmanship).
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 applicants 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 applicants 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 13 January 1975 for a period of three years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 98G (Electronic Warfare (EW)/Cryptologic Voice Interceptor). He served in Korea from 23 June 1976 through 26 April 1977.
3. The applicant provided a Machine Gun Marksmanship Score Card which indicates he qualified as Expert with the machine gun (M-60) on 21 June 1977.
4. Headquarters, 9th Infantry Division and Fort Lewis, Permanent Orders 10-4, dated 18 January 1978, awarded the applicant the first award of the Army Good Conduct Medal for the period 13 January 1975 through 12 January 1978.
5. The "Foreign Service Medal" is not listed as an authorized award in Army Regulation 600-8-22 (Military Awards).
6. The applicant was honorably released from active duty on 12 January 1978. His DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge as an authorized award.
7. Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8. Army Regulation 600-8-22, 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the Army Good Conduct Medal for the period 13 January 1975 through 12 January 1978. Therefore, this award should be added to his DD Form 214.
2. The applicants request for correction of his records to show the Foreign Service Medal is noted. However, the Military Awards regulation does not list the Foreign Service Medal as an authorized award. Therefore, there is no basis for recording this medal on the applicant's DD Form 214.
3. The applicant did serve a period of qualifying service for award of the KDSM and this award should be added to his DD Form 214.
4. There are no orders which authorize award of the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) to the applicant. However, he provided a Machine Gun Marksmanship Score Card which verifies he qualified as Expert with the machine gun (M-60). Therefore, this document is accepted as sufficient as a basis to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ __xx____ __xx____ 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 adding the Army Good Conduct Medal, the KDSM, and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) to item 26 on 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 correction of his DD Form 214 to show award of the Foreign Service Medal.
_ _xxxx__ ___
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.
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