IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080008436
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 DD Form 214 (Report of Separation from Active Duty) be corrected to show that his rank was private first class, pay grade E-3. He also requests that the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the National Defense Service Medal be shown as authorized awards.
2. The applicant states, in effect, that he was separated in pay grade E-3 and had qualified as an Expert with the hand grenade.
3. The applicant provides copies of his DD Form 214 and NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), in support of his 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 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 and entered active duty in the Regular Army on
27 June 1974.
3. His DA Form 2-1 (Personnel Qualification Record) has an incomplete entry for the Marksman Marksmanship Qualification Badge for the M-16 Rifle. The absence of a date indicates that he did not, in fact, qualify.
4. He was advanced to pay grade E-2 on 27 October 1974. On 6 December 1974, he was honorably discharged under the Trainee Discharge Program.
5. On 29 September 1978 the applicant enlisted in the Tennessee Army National Guard in pay grade E-2. He was discharged, in the same grade, at the expiration of his term on service on 28 September 1979.
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. Army Regulation 600-8-22 also 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. There is no evidence of record to show that the applicant was advanced to a grade beyond pay grade E-2 during his active duty service. Therefore, there is no basis to correct his record to show he was an E-3 at the time of his discharge.
2. There is no available record to substantiate the applicant's request for award of the Expert Marksmanship Qualification Badge with Grenade Bar or the Marksman Marksmanship Qualification Bade with Automatic Rifle Bar. Therefore, he is not entitled to have these marksmanship badges added to his DD Form 214.
3. The applicant honorably served during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214.
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 awarding the applicant the National Defense Service Medal and adding this award to 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 pay grade to show E-3 and award of marksmanship qualification badges.
__________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) AR20080008436
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008436
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002082009C070215
However, there is no evidence in the applicant's service personnel records which shows the degree (marksman, sharpshooter or expert) in which the applicant qualified for these qualification badges. Based on the foregoing, the Board determined that it would be appropriate to show that the applicant qualified as "marksman" on both qualification badges. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the...
ARMY | BCMR | CY2012 | 20120009845
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the: * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Air Assault Badge * Item 14 (Military Education) to show the Air Assault School 2. His DD Form 214 shows in: * Item 13 the: * Army Service Ribbon *...
ARMY | BCMR | CY2008 | 20080007489
The applicant requests correction of his Report of Separation from Active Duty (DD Form 214) to show award of the Army Good Conduct Medal and the Grenade Bar to be affixed to his already awarded Expert Marksmanship Qualification Badge with Rifle Bar. Item 41 (Awards and Decorations), DA Form 20, provided by the applicant, shows a badge entry for the M-16 rifle and grenade but does not show the level of qualification. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,...
ARMY | BCMR | CY2014 | 20140017807
The applicant requests the following: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Expert Marksmanship Qualification Badge with Grenade Bar and Korea Defense Service Medal * award of the Army Good Conduct Medal 2. With regard to the Expert Marksmanship Qualification Badge with Grenade Bar, there is no evidence of record, i.e., orders, and he provided insufficient evidence showing he was awarded this badge during...
ARMY | BCMR | CY2006 | 20060016953
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2007 DOCKET NUMBER: AR20060016953 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. There is no evidence that the applicant was awarded the National Defense Service Medal or the Army Service Ribbon. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army,...
ARMY | BCMR | CY2014 | 20140009046
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the authorized awards already shown on her DD Form 214 the * NDSM * ASR * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar ___________x___________ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2010 | 20100012165
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Meritorious Service Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait. Subsequent awards of the National Defense Service Medal are denoted by a bronze service star; b. the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the...
ARMY | BCMR | CY2010 | 20100001001
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to reflect award of the Army Good Conduct Medal, Korea Defense Service Medal, one service stripe for 3 years of service, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments and item 41 (Awards and Decorations) shows the National Defense Service...
ARMY | BCMR | CY2010 | 20100029876
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation for the period 1 May 1971 through 30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by...
ARMY | BCMR | CY2010 | 20100014849
The applicant requests correction of his records to show award of the Army Good Conduct Medal (AGCM) and Expert Infantryman Badge (EIB), and that he was promoted to the rank/grade of sergeant (SGT)/E-5. Records show that, subsequent to the applicant's period of AWOL, he served a qualifying period of active duty enlisted service for award of the AGCM from 9 December 1973 through 8 December 1976. a. As a result, the Board recommends that all Department of the Army records of the individual...