IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080009444
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his date of birth be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 be corrected to show award of the National Defense Service Medal (NDSM) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).
2. The applicant states, in effect, he qualified expert with the M-1 Rifle while assigned to Fort Ord, California. He also states, in effect, he should receive the NDSM for service in Europe from 1961 through 1963.
3. The applicant provides a self authored statement and a copy of his DD Form 214 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's record shows he enlisted in the Regular Army and entered active duty on 9 September 1960. He was trained in and awarded military occupational specialty (MOS) 310.00 (Field Communications Crewman) and specialist four (SP4) was the highest rank he attained while serving on active duty.
3. Section 28 (Qualifications in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant qualified Expert with the M-1 Rifle on
13 October 1960, "Standard" with the Carbine Rifle on 20 July 1961, and "Sharpshooter" with the M-14 Rifle on 16 July 1962.
4. Section 29 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Germany from 31 January 1961 through 19 August 1963.
5. On 28 August 1963, the applicant was honorably released from active duty and transferred to the United States Army Reserve after completing 2 years,
11 months, and 20 days of active military service. The DD Form 214 he was issued shows he completed 2 years, 6 months, and 28 days of overseas service in the Republic of Germany. Item 6 (Date of Birth) shows his date of birth as "9 September 1960". Item 26 shows he earned the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his active duty tenure.
6. On 17 January 1964, the applicant was issued a DD Form 215 (Correction of DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) which amended item 6 of his DD Form 214 to show his date of birth as "29 June 1942." Therefore, this item will not be discussed any further in these proceedings.
7. Army Regulation 600-8-22 (Military Awards) as amended provides that the NDSM 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.
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. The applicant's contentions he is entitled to the NDSM and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) were carefully considered and found to have merit.
2. Evidence of record shows the applicant is authorized award of the National Defense Service Medal for honorable active service between the periods
1 January 1961 through 14 August 1974. Therefore, he is entitled to correction of his records to show the NDSM.
3. Evidence of record shows the applicant qualified "Expert" on the M-1 Rifle on
13 October 1961. Therefore, he is entitled to have his record corrected to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) to his DD Form 214.
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 the NDSM and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) to his DD Form 214 and by providing him a correction to his separation document that includes these awards.
_______ _ _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) AR20080009444
2
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