BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110022557
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 his DD Form 214 (Armed Forces of the United States Report to Transfer or Discharge) be corrected to show all the ribbons and medals he earned while in the U.S. Army.
2. The applicant states:
* His DD Form 214 does not list any of the military awards due an active duty military Soldier who served during the period 1959 through 1961
* He qualified as a Marksman with the M1
* He qualified as a Sharpshooter with the .45 Pistol
* He qualified as an Expert with the Rocket Launcher
* He is now 70 years old
* He wants to share the legacy of his military service with his grandchildren
* His grandchildren deserve to have the ribbons and awards as their legacy
3. The applicant provides a copy of his DD Form 214, page 3 of his DA Form 24 (Service Record), and a Certificate of Recognition.
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 applicants record shows he enlisted in the Regular Army on 19 January 1959, and was trained in and awarded military occupational specialty (MOS) 950 (Basic Military Police).
3. He served in Germany from 27 November 1959 through 5 March 1961. He was assigned to Company B, 508th Military Police Battalion performing duties in MOS 950 as a military policeman.
4. On 16 March 1961, the applicant was discharged from active duty after completing 2 years, 1 month, and 28 days of active military service.
5. The applicants DD Form 214 shows "NA" in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
6. A review of the applicants records indicates entitlement to awards and decorations that are not shown on his DD Form 214.
7. Special Orders Number 132, dated 1 August 1960, issued by Headquarters, 508th Military Police Battalion, U.S. Forces, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
8. Special Orders Number 158, dated 15 September 1960, issued by Headquarters, 508th Military Police Battalion, U.S. Forces, awarded the applicant the Expert Marksmanship Qualification Badge with Rocket Launcher Bar.
9. Special Orders Number 198, dated 17 November 1960, issued by Headquarters, 508th Military Police Battalion, U.S. Forces, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.
10. The applicant provides a Certificate of Recognition thanking him for his service during the Cold War (2 September 1945 26 December 1991) and page 3 of his DA Form 24 showing his authorized awards.
11. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his records to show all awards he earned has been carefully considered and found to have merit. By regulation all earned awards should be entered on the applicants DD Form 214.
2. The evidence of record confirms the applicant earned the awards listed below, which were not included on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards:
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
3. The applicant served between 19 January 1959 and 16 March 1961. Therefore, he is entitled to correction of his DD Form 214 to show award of the NDSM.
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 adding to his DD Form 214 the:
* NDSM
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
_________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) AR20110015686
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110022557
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