IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010703 


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:

* National Defense Service Medal
* Expert Infantryman Badge (EIB)
* Expert Marksmanship Qualification Badge with Carbine Bar [30 Caliber]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]

2.  The applicant states regulations and laws for eligibility of awards and badges have changed since his honorable discharge.

3.  The applicant provides the following:

* A copy of his DD Form 214
* A copy of his DA Form 66 (Officer Qualification Record)
* A Department of the Army (DA) Memorandum
* Several pages from an Army Regulation 
* A letter from the Office of Veteran’s Services

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 record shows he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 17 June 1962 and he entered active duty on      14 September 1962.  He served in various staff positions as a field artillery (FA) officer with the 37th Artillery, Fort Benning, GA.  He attained the rank/grade of first lieutenant (1LT)/O-2.

3.  On 13 September 1964, he was honorably released from active duty by reason of expiration of active duty commitment.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He served a total of 2 years creditable active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry, “None.”

5.  Item 21 (Awards and Decorations) of his DA Form 66 is blank.  There are no orders in his record that shows he was awarded the EIB.

6.  Item 23 (Qualification in Arms) of his DA Form 66 is void of any entry indicating weapons qualification.

7.  The applicant provides a copy of his DD Form 214 and his DA Form 66, wherein item 23 contains entries dated after his release from active duty.

8.  In addition, he provides a DA Memorandum, dated 1 June 1969, directing his honorable discharge from the USAR, several pages from Army Regulation
600-8-22 (Military Awards), and a letter from the Harvard, MA Office of Veteran’s Services.

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

10.  Army Regulation 600-8-22 states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.  

11.  Army Regulation 600-8-22, chapter 8, 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 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.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.  Award of marksmanship badges is not permanent.

12.  Army Regulation 635-5 (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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect additional awards was carefully considered.  There is sufficient evidence to grant partial relief.

2.  His record shows he served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to award of this medal and correction of his DD Form 214 to reflect this award.
 
3.  With respect to the Expert Infantryman Badge, the evidence of record does not contain orders or documentary evidence to show he was entitled to this award.  Eligibility also required the Soldier to have an infantry or special forces specialty, which the applicant did not.  Therefore, there is insufficient evidence upon which to base award of the Expert Infantryman Badge.
4.  With respect to the marksmanship qualification badges, the evidence of record does not show that he qualified with his requested weapons while serving on active duty.  Therefore, there is insufficient evidence upon which to base adding the marksmanship qualification badges to his DD Form 214. 

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 to item 26 of his DD Form 214 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 the awarding of and/or adding to his DD Form 214 the:

* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Carbine Bar [30 Caliber]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]



      ___________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)                                         AR20100010703



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ABCMR Record of Proceedings (cont)                                         AR20100010703



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