IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017873
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, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, Army Service Ribbon, Armed Forces Expeditionary Medal, and any other awards he may be authorized. He also requests issuance of all these awards and decorations.
2. The applicant makes no statement.
3. The applicant provides his DD Form 214.
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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to the National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, MO 63132-5200. As a result, this issue will not be further addressed in this Record of Proceedings.
3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
4. The applicant's DD Form 214 shows he enlisted in the Regular Army on 12 November 1954. This form shows the applicant held the military occupational specialty of field communications crewman in pay grade E-4 at the time of his separation.
5. He was honorably released from active duty on 10 November 1958 and transferred to the XI U.S. Army Corps (Reserve). He completed 3 years, 11 months, and 29 days of creditable active service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Carbine (M2) Bar, and Marksman Marksmanship Qualification Badge with Carbine (M2) Bar.
7. Army Regulation 600-8-22 (Military Awards) provides that 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.
8. Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 already shows award of the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Carbine (M2) Bar, and Marksman Marksmanship Qualification Badge with Carbine (M2) Bar. As a result, there is nothing to correct on his DD Form 214 in this regard.
2. There is no available evidence of record and the applicant did not provide any evidence to show he served during a qualifying period of service for the National Defense Service Medal, Army Service Ribbon, or Armed Forces Expeditionary Medal. As such, he is not entitled to have these awards added to his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100017873
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ABCMR Record of Proceedings (cont) AR20100017873
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