BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005460
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 record to show he is authorized the "Distinguished Presidential Unit Citation Ribbon" and "Marksman Rifle Medal."
2. He states the decorations were awarded to him in Korea and he wore them during his Army service. He states he served in the 40th Infantry Division from 1953 to 1954 and IX Corps in 1954.
3. He provides no additional evidence.
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 applicants 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 applicants 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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using a reconstructed record.
3. The applicant was inducted into the Army of the United States on 8 January 1953. He was honorably released from active duty on 23 October 1954 after completing 1 year, 9 months, and 16 days of active military service.
4. Special Orders Number 108, issued by Headquarters, 37th Infantry Division, Camp Polk, LA, dated 8 May 1953, directed his reassignment to Camp Stoneman, CA, to be processed for June shipment to Army Forces Far East. The orders show he held military occupational specialty (MOS) 1745 (Rifleman).
5. On 23 September 1953, Headquarters, 40th Infantry Division published Special Orders Number 263 awarding the applicant a new primary MOS. These orders show the applicant was assigned to Headquarters, 40th Infantry Division.
6. His DD Form 214 (Report of Separation from the Armed Forces of the United States), as amended by a DD Form 215 (Correction to DD Form 214) dated 7 June 2010, does not show the Presidential Unit Citation (PUC) (then called the Distinguished Unit Citation) or a marksmanship qualification badge in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 28 (Most Significant Duty Assignment) shows Headquarters, IX Corps.
7. The available records do not show his degree of marksmanship qualification with a rifle.
8. Army Regulation 600-8-22 (Military Awards) 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.
9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units during World War II and the Korean War. The pamphlet shows neither Headquarters, IX Corps, nor Headquarters, 40th Infantry Division, was awarded the PUC.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, the available documentation does not show he was assigned to a unit that was awarded the PUC. In the absence of such documentation, there is an insufficient basis for correcting his record to show this unit award.
2. The available documentation does not show the degree of marksmanship he achieved with a rifle. The available documentation does show he was trained as a Rifleman. Because he held this MOS, it is reasonable to presume that, at a minimum, he qualified as a Marksman. Accordingly, it would be appropriate to correct his DD Form 214 to show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.
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 the Marksman Marksmanship Qualification Badge with Rifle Bar to item 27 of his DD Form 214.
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 PUC.
_______ _ _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) AR20110005460
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