IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016379
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 (NDSM).
2. The applicant states the Army did not inform him he was authorized the NDSM.
3. The applicant 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 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 military records show he enlisted in the Regular Army on 31 May 1960. He was trained in and awarded military occupational specialty 153.00 (Artillery Surveyor).
3. His DA Form 24 (Service Record) shows in Section 5 (Service Outside Continental United States) he was assigned to Bremerhaven, Germany from 30 October 1960 to 18 May 1963. Section 9 (Medals, Decorations, and Citations) shows he earned Army Good Conduct Medal (AGCM) and qualified accordingly with the indicated weapons:
Expert
M-1 and M-14 Rifle
Sharpshooter
M-2 Carbine
4. On 18 May 1963, he was honorably discharged in the rank and grade of private first class (PFC/E-3). The DD Form 214 issued at that time shows the applicant completed 2 years, 11 months, and 18 days of creditable service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the AGCM and qualified "sharpshooter" with the M-1 rifle and "expert" with the carbine weapons.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-10 contains guidance on award of the NDSM. It indicates the NDSM was authorized for any period of honorable active duty service completed between 1 January 1961 and 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the NDSM should be added to his DD Form 214.
2. The evidence of record confirms the applicant's qualifying period of honorable service from 31 May 1960 to 18 May 1963, which satisfies the regulatory criteria necessary for the award of the NDSM. As a result, this award should be added to his DD Form 214 at this time.
3. In addition, based on his weapons qualifications as reflected on his
DA Form 24, his DD Form 214 should be corrected by deleting the current weapons entries and replacing them with the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending item 26 of his DD Form 214 by:
a. deleting the entries "Sharpshooter (Rifle M-1)" and "Expert (Carbine)";
b. adding:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
c. issuing a correction to his DD Form 214 to show these awards.
_______ _ _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) AR20110016379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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