IN THE CASE OF:	  

		BOARD DATE:	       17 March 2009

		DOCKET NUMBER:  AR20080013956 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Blue Ribbon (thought to be the Army Service Ribbon) and his qualification badges for the M-60 Machinegun, the .50 Caliber Machinegun, the M-79 Grenade Launcher, the M-72 Light Anti-Tank Weapon (LAW), and the .45 Caliber Pistol.

2.  The applicant states that earned the requested medal and badges.

3.  The applicant provides a copy of his DD Form 214, dated 19 May 1971, 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 records show he enlisted in the Regular Army for a period of 3 years on 26 March 1969.  He completed basic combat training at Fort Bliss, TX, and advanced individual training at Fort Polk, LA, and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was private (PV2)/E-2.  He was discharged on 19 May 1971.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Army Service Ribbon or any other qualification badges.

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 246, dated 8 October 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 19 September 1969 and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) on 30 September 1969.

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 231, dated 22 September 1969, show the applicant fired the 
M-79 Grenade Launcher on 15 September 1969 for the purpose of familiarization with this weapon system.  However, no qualification is indicated on the orders.

6.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 244, dated 6 October 1969, show the applicant fired the M-72 LAW on 29 September 1969 for the purpose of familiarization with this weapon system.  However, no qualification is indicated on the orders.

7.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 260, dated 23 October 1969, show the applicant fired the .50 Caliber Machinegun on 20 October 1969 for the purpose of familiarization with this weapon system.  However, no qualification is indicated on the orders.

8.  The applicant’s records do not contain special orders that show he was awarded a Marksmanship Qualification Badge with Pistol Bar.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) while in basic training at Fort Bliss based on Special Orders Number 116 issued by the U.S. Army Training Center, Air Defense Center and Fort Bliss, in 1969.  Item 41 does not show any other awards, medals, or badges.
10.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  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 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 
1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  Chapter 8 of Army Regulation 600-8-22, currently in effect, states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Permanent orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.  Approval of marksmanship qualification badges may be announced via memorandum, letter, roster, or other locally devised form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to several medals and/or badges which are not shown on his DD Form 214.

2.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  The evidence of record shows that the applicant fired the M-72 LAW, the 
M-79 Grenade Launcher, and the .50 Caliber Machinegun for the purpose of familiarization with these weapon systems; however, there is no indication that he qualified with any of these weapons and/or the level of qualification.  Additionally, the applicant’s record is void of any orders that show he qualified with the .45 Caliber Pistol and/or was awarded a qualification badge with this weapon system.  Therefore, there is insufficient evidence to award the applicant the requested relief.

4.  The applicant served on active duty from 26 March 1969 to 19 May 1971.  The National Defense Service Medal is authorized for service between, in part, 1 January 1961 and 14 August 1974.  The applicant is entitled to award of the National Defense Service Medal.

5.  With respect to the Army Service Ribbon, this award was established on 1 August 1981 and may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was discharged on 19 May 1971 and there is no evidence that he had an active status after 1 August 1981.  Therefore, he does not meet the criteria for award of the Army Service Ribbon.

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 adding the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) to the applicant's 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 Army Service Ribbon and any marksmanship badges with the M-72 LAW, the M-79 Grenade Launcher, the .50 Caliber Machinegun, and/or the .45 Caliber Pistol.


															XXX
      _________________________
                 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)                                         AR20080013956



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ABCMR Record of Proceedings (cont)                                         AR20080013956



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