IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20080019977
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 records be corrected to show all medals and awards he is entitled to including the Machine Gun Badge (correctly named the Marksmanship Qualification Badge with Machine Gun Bar).
2. The applicant states, in effect, that some of his awards are omitted from his records.
3. The applicant provides no additional documentation in support of this 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 on 20 September 1963. He completed basic combat training and advanced individual training and was awarded military occupational specialty 112.07 (Heavy Weapons Infantryman). The highest rank he attained while serving on active duty was private (E-2).
3. Section 9 (Medals, Decorations, Citations) of the applicant's DA Form 24 (Service Record) shows that he earned the following awards during his active duty tenure: the Marksman Marksmanship Qualification Badge with Rifle Bar and the Parachutist Badge.
4. Special Orders Number 189, Headquarters, 1st Brigade (Training), Fort Ord, CA, dated 4 November 1963, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. On 8 July 1964, the applicant was honorably discharged from active duty after completing a total of 9 months and 19 days of active military service. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the "Marksman (Rifle)" and the Parachutist Badge.
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. A review of the applicants record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
8. Army Regulation 600-8-22 also provides, in pertinent part, 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, and 2 August 1990 and 30 November 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he is entitled to correction of his records to show award of a Marksmanship Qualification Badge with Machine Gun Bar and other awards were carefully considered and found to have partial merit.
2. There is no evidence nor did the applicant submit any evidence which shows he was awarded a Marksmanship Qualification Badge with Machine Gun Bar. Therefore, he is not entitled to have his records corrected to show this award.
3. Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to have his record corrected to show this award in lieu of the "Marksman (Rifle)" entry now entered on his DD Form 214.
4. The evidence of record also shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal. Therefore, he is also entitled to award of the National Defense Service Medal.
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:
a. deleting the entry, "Marksman (Rifle)" from item 26 of his DD Form 214 dated 8 July 1964; and
b. amending item 26 of the DD Form 214 dated 8 July 1964 by adding the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the National Defense Service Medal.
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 correcting his records to show award of the Marksmanship Qualification Badge with Machine Gun Bar.
___________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) AR20080019977
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060007298C070205
Headquarters, 1st Brigade (Training), Fort Ord, California, Special Orders Number 201, dated 1 November 1962, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar (81 millimeter). The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110004102
The applicant requests correction of his record to show he was awarded the Combat Infantryman Badge (CIB) and "Vietnam Plaque." His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he was credited with service in Vietnam from 7 July to 17 October 1965 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters and Headquarters Company (HHC), 2d Airborne Battalion, 327th Infantry, from 8 July to 17 October 1965 * item 41 (Awards and...
ARMY | BCMR | CY2014 | 20140018192
The applicant provides: * DD Form 214 * Honorable Discharge Certificate * General Orders (GO) Number 37 (Army Good Conduct Medal) * Memorandum authorizing the Distinguished Guardian Badge CONSIDERATION OF EVIDENCE: 1. GO Number 37, issued by Headquarters, 2nd Battle Group, 6th Infantry, Germany, on 15 December 1964, awarded him the Army Good Conduct Medal (1st Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2010 | 20100024242
Therefore, he is entitled to the KDSM and correction of his records to show this award. The evidence of record shows he met the qualifications for award of the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the following: * Korea Defense Service Medal * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship...
ARMY | BCMR | CY2010 | 20100016238
IN THE CASE OF: BOARD DATE: 16 December 2010 DOCKET NUMBER: AR20100016238 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). _____________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.
ARMY | BCMR | CY2014 | 20140012979
By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board...
ARMY | BCMR | CY2011 | 20110002259
The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period of service from 14 September 1961 to 12 September 1964. In addition, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2002 | 2002076001C070215
He also requests, in effect, correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksmanship Qualification Badge with Machine Gun Bar, the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Combat...
ARMY | BCMR | CY2015 | 20150002761
The applicant's military records show: a. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 July 1963 through 24 July 1966; and b. adding to his DD...
ARMY | BCMR | CY2012 | 20120013652
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 National Defense Service Medal, Korea Defense Service Medal, and his Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars. The applicant states these awards and badge are not recorded on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding,...