IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028425
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and his marksmanship qualification badges.
2. He states these awards are not listed on his DD Form 214.
3. He provides a copy of 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. The applicant's records show he enlisted in the Regular Army in pay grade
E-1 on 12 August 1963 for 3 years. He completed training and was awarded military occupational specialty 36A (Wireman).
3. Special Orders Number 165 were issued by Headquarters, 2nd Training Regiment, on 30 September 1963 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. General Orders Number 209 were issued by Headquarters, 82nd Airborne Division, on 16 August 1966 awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 12 August 1963 through 11 August 1966.
5. He was honorably released from active duty in pay grade E-4 on 11 August 1966 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completion of 3 years of active service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Parachutist Badge, National Defense Service Medal, and Armed Forces Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the Army Good Conduct Medal (1st Award) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
These awards are not shown on his DD Form 214. Therefore, it would be appropriate to add this medal and badge to his DD Form 214.
2. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
___X____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Good Conduct Medal (1st Award) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214 and providing him with a corrected document showing these changes.
_____________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) AR20100028425
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ABCMR Record of Proceedings (cont) AR20100028425
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