IN THE CASE OF:	  

		BOARD DATE:	    17 February 2010

		DOCKET NUMBER:  AR20090013253 


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 records to show he qualified with the Carbine Rifle three times, four awards of the Overseas Service Bar, and any award to which he is entitled for service during the Cold War.

2.  The applicant states that there is no reason to withhold the items listed above because his DD Form 215 (sic - should be DD Form 214 [Armed Forces of the United States Report of Transfer or Discharge]) proves his qualification.  He alleges that other men who served overseas have received appropriate awards.  

3.  The applicant provides 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 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 enlisted in the Regular Army (RA) on 21 March 1957 for a period of three years.  He completed training and he was awarded military occupational specialty (MOS) 058.10 (Morse Interceptor).  The highest rank/grade attained during his tenure of service was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U.S. Army Pacific (USARPAC) on 18 March 1958.

4.  Item 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) shows he arrived in Yokohama, Japan on 3 April 1958.

5.  Headquarters, 12th U.S. Army Security Agency (USAASA) Field Station, Special Orders Number 224, dated 5 November 1958, show the applicant qualified as Sharpshooter with the M-2 .30 Caliber Carbine and that he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

6.  Headquarters, 12th USASA Field Station, Special Orders Number 151, dated 29 July 1959, show the applicant qualified as Expert with the M-2 .30 Caliber Carbine and that he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.

7.  The applicant’s DA Form 20 shows he departed Japan on or about
19 February 1960.

8.  The applicant was released from active duty on 3 March 1960.  His DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and the Army Good Conduct Medal as authorized awards.

9.  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.

10.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; 
however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.

13.  Army Regulation 670-1 further states that one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service authorized for the following:  World War II, Korea, Vietnam, Dominican Republic, Laos, Cambodia, Lebanon, Operation Earnest Will, Grenada, Operation Just Cause, Operation Desert Storm, El Salvador, Somalia, Operation Enduring Freedom, and Operation Iraqi Freedom.

DISCUSSION AND CONCLUSIONS:

1.  Orders published in November 1958 show the applicant qualified as Sharpshooter with the M-2 .30 Caliber Carbine.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and this badge is recorded on his DD Form 214.

2.  Orders published in July 1959 show the applicant qualified as Expert with the M-2 .30 Carbine and he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.

3.  There is no evidence which indicates the applicant qualified with the Carbine a third time.


4.  Based on regulatory guidance, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.  The applicant’s most recent qualification was Expert with the Carbine; therefore, his records should be amended to show the Expert Marksmanship Qualification Badge with Carbine Bar.

5.  The applicant’s request for correction of his records to show four Overseas Service Bars is acknowledged.  The evidence of record shows the applicant served in Japan from March 1958 to February 1960.  However, Army Regulation 670-1, the governing Army regulation, does not show the Overseas Service Bar was authorized for service in Japan.  Therefore, he is not eligible for correction of his records to show any awards of the Overseas Service Bar.

6.  There is no evidence of record which indicates the applicant is entitled to any additional authorized awards.  However, the applicant requests any award to which he is entitled for service during the Cold War.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

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 
deleting from item 26 of his DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and replacing it with the Expert Marksmanship Qualification Badge with Carbine Bar.

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 four Overseas Service Bars, additional qualification badges for the Carbine, and any additional authorized awards for his service during the Cold War.




      _________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)                                         AR20090013253



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ABCMR Record of Proceedings (cont)                                         AR20090013253



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