BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100016228 


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 the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Reserve Components Achievement Medal
* Expert Marksmanship Qualification Badge with Bazooka, Rifle (M-14), Pistol, Automatic Rifle, Sub-Machinegun, Bayonet, Carbine, Anti-Aircraft Artillery, and Grenade Bars

2.  The applicant states in 1958, the President of the United States put the entire military on national war footing.  He was serving on active duty at the time in a SAM (Surface to Air Missile) Battalion near Selfridge Air Force Base (AFB), MI.  Additionally, Army National Guard (ARNG) units were activated for perimeter security with fully equipped and armed personnel.  During this time of war footing, an incident happened when he was descending a ladder into one of the missile pits and he fell 40 feet to the concrete below.  He suffered two dislocated shoulders, a dislocated knee, a cracked coccyx, and broken/cracked teeth.  He was treated on location by the medics.  Nevertheless, he suffered permanent wounds in time of full war footing while on active duty.  He believes he is due some sort of recognition or award.  He currently suffers from extreme pain from these wounds and the prognosis is that his condition will get worse.  He would like this injury reflected on his DD Form 214 as well.  Additionally, he served as a 

temporary Battery Commander (a captain (CPT) position) in Company D, 516th Anti-Aircraft Artillery Missile Battalion.  He also served in a colonel (COL) position on a temporary basis with the NE (Northeast) Air Defense Command, Headquarters (HQ), 28th Artillery Group.  He feels these events and awards should be reflected on his DD Form 214.  He served his country during a crisis (Lebanon crisis).  He should, in effect, receive some sort of recognition.

3.  The applicant provides one page of Department of Veterans Affairs (VA) progress notes.

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 show he was appointed as a Field Artillery second lieutenant in the U.S. Army Reserve (USAR) and he executed an oath of office on 7 June 1957.

3.  He entered active duty on 1 August 1957 and he successfully completed the SAM Officer Basic Course from August 1957 to December 1957.  He was subsequently assigned to:

* Battery B, 516th Anti-Aircraft Artillery, Selfridge AFB, MI, as a platoon leader from December 1957 to September 1958
* Battery D, 3rd Missile Battalion, Algona, MI, as a platoon leader from September 1958 to October 1958
* HQ, 28th Artillery Group, Selfridge AFB, MI, as an assistant operations officer, from October 1958 to July 1959

4.  He was promoted to first lieutenant (1LT) on 1 February 1959.

5.  He was honorably released from active duty in the rank of 1LT on 31 July 1959 and he was transferred to the USAR Control Group.  He completed 2 years of total active service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "N/A" indicating not applicable.

7.  Item 21 (Awards and Decorations) and item 22 (Campaigns) of his DA Form 66 (Officer Qualification Record) is blank.  Additionally, item 23 (Qualifications in Arms) of his DA Form 66 shows he qualified with the following weapons systems:

* Expert Marksmanship Qualification Badge with Carbine Bar
* 2nd Class Gunner Qualification Badge with Anti-Aircraft Artillery Bar

8.  There is no indication in his records he qualified with any other weapon system or the degree of qualification.

9.  He submitted one page of his VA medical records listing some of his current medical conditions/illnesses.

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Authorized military operations at the time includes Quemoy and Matsu Islands (23 August 1956 to 1 June 1963); Lebanon (1 July to 1 November 1958); Taiwan Straits (23 August 1958 to 1 January 1959); and Vietnam (1 July 1958 to 3 July 1965).

	c.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve (AGR) officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before
28 March 1995.  Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

	d.  The Marksmanship 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.  Award of marksmanship badges is not permanent.  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.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 66 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and the 2nd Class Gunner Qualification Badge with Anti-Aircraft Artillery Bar, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  With respect to the other weapon systems, there is no evidence in his records and he did not provide any evidence in the form of official orders, letter orders, a memorandum, an endorsement, or a roster that shows he qualified or the degree of qualification with the Bazooka, Rifle (M-14), Pistol, Automatic Rifle, Sub-Machinegun, Bayonet, or Grenade.  Therefore, he is not entitled to any badges or bars associated with these weapon systems.

3.  With respect to the National Defense Service Medal, the evidence of record shows he served on active duty from 1 August 1957 to 31 July 1959.  The National Defense Service Medal was not authorized during his period of service. Since he did not serve a qualifying period for this award, he would not be entitled to it.

4.  With respect to the Armed Forces Expeditionary Medal, there is no evidence he served in any location, for 30 consecutive or 60 nonconsecutive days including entering the area of operations of any of the areas (Quemoy and Matsu Islands, Lebanon, Taiwan Straits, or Vietnam) that was authorized the Armed Forces Expeditionary Medal.  Serving during the Lebanon crisis does not entitle him to this award.

5.  With respect to the Army Reserve Components Achievement Medal, the evidence of record shows he was released from active duty on 31 July 1959.  Furthermore, as the name indicates, this is a Reserve Component medal.  Even if he completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995, and even if he were recommended for and awarded this medal, it could not be entered on his previously-issued DD Form 214.

6.  With respect to any awards associated with his claimed injury while climbing a ladder, there is no evidence in his records and he did not provide any evidence that he was recommended for any awards for this action.

7.  With respect to listing his duties in a CPT position as a temporary Battery Commander and in a temporary COL position with HQ, 28th Artillery Group, the DD Form 214 is not the appropriate form to list a record of assignments.  Such entries are recorded on the DA Form 66 for officers.  The DA Form 66 was a record of a Soldier's personnel management qualifications in the form of data.  Consequently, each DA Form 66 was a snapshot of the officer personnel data as it was at the time the form was produced.  This form is neither maintained nor updated subsequent to a Soldier's separation from active duty.  

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 that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the:

* Expert Marksmanship Qualification Badge with Carbine Bar
* 2nd Class Gunner Qualification Badge with Anti-Aircraft Artillery 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:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Reserve Components Medal
* Expert Marksmanship Qualification Badge with Bazooka, Rifle (M-14), Pistol, Automatic Rifle, Sub-Machinegun, Bayonet, Anti-Aircraft Artillery, and Grenade Bars

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100016228



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ABCMR Record of Proceedings (cont)                                         AR20100016228



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