IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001880
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 any awards and decorations to which he may be entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant provides no explanation.
3. The applicant provides a letter, dated 9 August 2011, from the National Personnel Records Center (NPRC) in St. Louis, MO.
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 enlisted in the Regular Arm on 30 November 1964 for a period of 3 years. He completed his training and was awarded military occupational specialty 63B (wheel vehicle mechanic). On 29 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows the National Defense Service Medal (NDSM) as an authorized award.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 10 September 1965 through 9 October 1966.
5. Orders, dated 9 November 1965, show he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Orders, dated 17 March 1967, show he received the 1 Year Safe Driver Badge (currently known as the Driver and Mechanic Badge).
7. Orders, dated 12 April 1967, show he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. He provided a letter, dated 9 August 2011, from the NPRC which shows he was authorized award of the NDSM, Driver and Mechanic Badge, Korea Defense Service Medal (KDSM), Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
9. Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Driver and Mechanic Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 should be corrected to show these two badges. The Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) will not be shown on his DD Form 214 since his most recent qualification score (expert in April 1967) denotes the degree of marksmanship badge he is eligible to wear.
2. He served a period of qualifying service for award of the KDSM. His DD Form 214 should be corrected to show this medal.
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 the Driver and Mechanic Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and KDSM to his DD Form 214.
_______ _ 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) AR20120001880
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ABCMR Record of Proceedings (cont) AR20120001880
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