IN THE CASE OF:
BOARD DATE: 16 April 2009
DOCKET NUMBER: AR20090001209
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 that he be awarded the National Defense Service Medal.
2. The applicant states, in effect, he was on active duty at the beginning of a period that the National Defense Service Medal was authorized.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and an excerpt from the Army awards regulation.
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 18 August 1958, completed training, and served in Germany for two years.
3. On 18 March 1961, the applicant received a letter of appreciation from his unit commander. It stated that the applicant was one of the most reliable, hard working members of the platoon. He frequently worked long, hard hours with little rest or complaint.
4. The applicant's DA Form 24 (Service Record) shows he qualified as a marksman on the M-1 rifle in 1958, as a marksman on the carbine in 1959, and as an expert on the M-1 rifle in 1960, with award of the appropriate qualification badges.
5. On 27 May 1961, the applicant was honorably released from active duty by reason of "Early Release - Overseas Returnee," and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. During his tenure on active duty he served 2 years, 9 months, and 10 days of creditable service and the highest rank/grade he attained was specialist four (SP4)/E-4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 lists no awards or decorations.
6. Army Regulation 672-5-1 (Military Awards), as then in effect, provided 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, inclusive. This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.
7. Army Regulation 600-8-22 (Military Awards) 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. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
8. Army Regulation 600-8-22 also provides, in pertinent part, that an award for a previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification level.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period for which the National Defense Service Medal was authorized for honorable active service. Therefore, his records should be corrected to show this award.
2. The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar were omitted from his DD Form 214. Therefore, it is appropriate to correct the applicant's record to show these marksmanship awards.
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 to item 26 of his DD Form 214 the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Carbine 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) AR20090001209
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001209
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050004413C070206
The applicant requests that award of the Korea Defense Service Medal (KDSM), the Good Conduct Medal (GCMDL), the National Defense Service Medal (NDSM), the Army Service Ribbon (ASR), and the Expert Marksmanship Qualification Badge with Carbine Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant served a period of qualifying service in Korea for award of the KDSM. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2006 | 20060004691C070205
The applicant requests that his final DD Form 214 (Report of Transfer or Discharge) be corrected to include award of the Korean Service Medal and the Army Occupation Medal with Germany clasp and to show he attended the Noncommissioned Officers School, the “Air-Transportability School” and had Combat Infantry Training. The applicant’s record includes six DD Forms 214. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2006 | 20060004325C070205
The applicant requests, in effect, that his records be corrected to show his award of the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery and Carbine Bars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal for his period of service from 22 January 1958 through 20 January 1961. The Board further recommends that all...
ARMY | BCMR | CY2008 | 20080017786
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Good Conduct Medal, National Defense Service Ribbon (correctly known as the National Defense Service Medal), Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar. The applicant's DD Form 214 shows...
ARMY | BCMR | CY2010 | 20100008954
The applicant requests award of the National Defense Service Medal, Armed Forces Expeditionary Medal, Overseas Service Ribbon, Army Service Ribbon, and Korea Defense Service Medal. The Korea Defense Service Medal 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2013 | 20130018363
The applicant requests, in effect: a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Expert Marksmanship Qualification Badge with Carbine, Rifle (M-1, M-14, and M-15), Grenade Launcher, Rocket Launcher, and Pistol Bars; and b. award of the Armed Forces Expeditionary Medal (AFEM) for his service in Berlin. His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). _______ _ _x______...
ARMY | BCMR | CY2011 | 20110024923
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 July 1966 to show: * two foreign service tours in Korea and a foreign service tour in Germany * award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine), Korea Defense Service Medal, and two awards of the Army Good Conduct Medal 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct...
ARMY | BCMR | CY2010 | 20100014162
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 be corrected to show completion of the NCOA Course and additional marksmanship qualification badges for the carbine, pistol, M-1 rifle, and submachine gun. Army Regulation 635-5 does not authorize entries of letters of appreciation on the DD Form 214.
ARMY | BCMR | CY2012 | 20120006064
It shows that during his service with: a. The evidence of record shows he served in Lebanon from 1 August to 5 October 1958, a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * issuing an appropriate document listing the FSM's following authorized awards: * Bronze Star Medal *...
ARMY | BCMR | CY2014 | 20140006823
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 8 November 1966, to show his service in Korea and Vietnam as well as awards of the: * National Defense Service Medal * Korean Service Medal * Vietnam Service Medal * Combat Infantryman Badge * United Nations Service Medal * Republic of Vietnam Campaign Medal with Device 1960 * Bronze Star Medal 2. His DD Form 214 shows he completed 7 months and 16 days of...