Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110005460
Original file (20110005460.txt) Auto-classification: Approved

		
		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 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 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005460



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100022332

    Original file (20100022332.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Bronze Star Medal (BSM) with "V" Device, Air Medal (2nd Award), Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and weapons qualification badges. The applicant was not assigned to his unit during the time that unit was awarded the PUC and his unit was not awarded the MUC. As a result, the Board recommends...

  • ARMY | BCMR | CY2009 | 20090011927

    Original file (20090011927.txt) Auto-classification: Approved

    The applicant provides the following documents in support of his application: * Internet information on award of the Republic of Korea Presidential Unit Citation to the 40th Infantry Division * DA Form 1577 (Authorization for Issuance of Awards), dated 23 January 1995 * Letter, dated 31 August 2009, from the Army Review Boards Agency, Support Division, St. Louis, MO * Orders for award of the Army Good Conduct Medal (First Award), dated 31 August 2009 * DD Form 215 (Correction to DD Form 214...

  • ARMY | BCMR | CY2012 | 20120009527

    Original file (20120009527.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Glider Badge * Parachutist Badge * Lapel Button 2. There is no DD Form 214 in the applicant's available service records covering active duty service in the ROK. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 for the period ending 30 June 1972 to add: *...

  • ARMY | BCMR | CY2011 | 20110020865

    Original file (20110020865.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Expert Marksmanship Qualification Badge, Presidential Unit Citation (PUC), Army Good Conduct Medal (AGCM), and United Nations Service Medal (UNSM). Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first...

  • ARMY | BCMR | CY2011 | 20110001230

    Original file (20110001230.txt) Auto-classification: Approved

    Furthermore, the evidence of record shows the applicant was awarded the Air Medal (9th OLC) with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant served in Korea from 19 August 1962 to 20 July 1963. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one...

  • ARMY | BCMR | CY2011 | 20110001850

    Original file (20110001850.txt) Auto-classification: Approved

    The FSM's military service records do not contain a DD Form 214 for the period of service from 20 January 1953 through 27 November 1955. The applicant's military personnel record does not contain any orders or other evidence showing he was recommended for or awarded the Combat Infantryman Badge (2nd Award). The evidence of record shows that during the period of service: a.

  • ARMY | BCMR | CY2014 | 20140021538

    Original file (20140021538.txt) Auto-classification: Denied

    Additionally, the Military Awards Branch reviewed the applicant's service record but found this record does not contain a DD Form 215, dated 31 October 1995, or permanent orders authorizing the Purple Heart. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for...

  • ARMY | BCMR | CY2011 | 20110025130

    Original file (20110025130.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His military service records do not contain any orders awarding him the CIB. Therefore, there is insufficient evidence to support addition of this award to his DD Form 214.

  • ARMY | BCMR | CY2004 | 20040011585C070208

    Original file (20040011585C070208.doc) Auto-classification: Approved

    The applicant states that his DD Form 214 incorrectly lists his most significant duty assignment as a tanker with Tank Company, 15th Infantry at Fort Benning, Georgia, when in fact it was as an infantryman with the 40th Recon Company in Korea. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. The Board determined that the evidence presented was sufficient to warrant a...

  • ARMY | BCMR | CY2008 | 20080006014

    Original file (20080006014.txt) Auto-classification: Approved

    The PH is included in the list of awards contained in Item 41 (Awards and Decorations) and his record contains a copy of Headquarters, 101st Airborne Division General Orders (GO) 11888, dated 10 September 1969, which awarded the applicant the PH for being wounded in action in the RVN on 26 August 1969. The evidence of record confirms the applicant was awarded the PH as a result of being wounded in action in the RVN on 26 August 1969, as evidenced by PH orders and an entry in Item 40 of the...