BOARD DATE:	 15 July 2010 

		DOCKET NUMBER:  AR20090021946 


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 (Certificate of Release or Discharge from Active Duty) for the period 2 May 1991 through 31 October 1996 (hereafter referred to as his last DD Form 214) to show the:

* National Defense Service Medal (2d award)
* Armed Forces Reserve Medal with silver hourglass and "M" Device
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar 
(10 November 1973)

2.  The applicant states he wants his last DD Form 214 to show all awards already listed on other provided documents.
 
3.  The applicant provides the following documents:

* two National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service)
* DD Form 214 for the period ending 1 May 1991
* page 1 of his DA Form 2-1 (Personnel Qualification Record)

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 military records show he enlisted in the Army National Guard on 1 June 1959.  He completed initial entry training, he was awarded military occupational specialty 112.00 (heavy weapons infantryman), and he was promoted to pay grade E-7.

3.  The applicant's NGB Form 22 for the period ending 3 April 1974 shows he qualified expert with the M-16 rifle on 10 November 1973.

4.  The applicant's DD Form 214 for the period ending 1 May 1991 shows he was ordered to active duty in support of Operation Desert Shield/Desert Storm for 4 months and 25 days.

5.  The applicant's DA Form 2-1 last reviewed by him on 20 May 1995 shows:

* award of the National Defense Service Medal
* award of the Armed Forces Reserve Medal (860312)
* he qualified as sharpshooter with the M-16 rifle on 7 October 1989
* he qualified as sharpshooter with the pistol on 11 December 1994

6.  The applicant's last DD Form 214 shows he was retired from the Army National Guard by reason of voluntary early retirement on 31 October 1996.  Entries in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form include the National Defense Service Medal, Armed Forces Reserve Medal, and the Sharpshooter Marksmanship Qualification Badge M-16 [continued in item 18 (Remarks)].

7.  The applicant's records include copies of DD Forms 214 showing he completed active service during the following periods:

* 16 July to 21 December 1960
* 30 September to 10 October 1962
* 18 June 1979 – 6 December 1990

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.

9.  Army Regulation 600-8-22 states the conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service is completed within 12 consecutive years.  The Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass and the second 10-year period is denoted by a silver hourglass.  The "M" Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

10.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  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.

11.  Award of marksmanship badges is not permanent.  Paragraph 1-31c(11) states an award for 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. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant had two qualifying periods of active service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his last DD Form 214 to show a second award of this medal.

2.  DD Forms 214 show the applicant served on active duty in the Army National Guard during the period 13 March 1986 to 31 October 1996 following the ending 


date of his initial award of the Armed Forces Reserve Medal (12 March 1986).  He earned more than the minimum of 50 retirement points for 10 consecutive qualifying years during this period of service.  His records show he was mobilized in support of Operation Desert Shield/Desert Storm.  As such, he is entitled to correction of his last DD Form 214 to show the Armed Forces Reserve Medal with silver hourglass and "M" Device.

3.  The applicant's DA Form 2-1 shows he qualified sharpshooter with the M-16 rifle on 7 October 1989, a date more recent than his qualification as expert with the M-16 rifle in 1973.  Therefore, his last DD Form 214 is properly constituted in this regard and he is not entitled to have his last DD Form 214 amended to show the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DA Form 2-1 shows he qualified sharpshooter with the pistol on 11 December 1994.  As such, he is entitled to have the Sharpshooter Marksmanship Qualification Badge with Pistol Bar entered on his last DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends the applicant's last DD Form 214 be corrected by:

	a.  deleting from item 13 of his last DD Form 214 the National Defense Service Medal and Armed Forces Reserve Medal; and


	b.  adding to item 13 of his last DD Form 214 the National Defense Service Medal (2nd award), Armed Forces Reserve Medal with silver hourglass and "M" Device, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

2.  The Board further determined 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 the Expert Marksmanship Qualification Badge with M-16 Rifle 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)                                         AR20090021946



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ABCMR Record of Proceedings (cont)                                         AR20090021946



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