IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010509
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect awards of the National Defense Service Medal (NDSM), Overseas Service Ribbon (OSR), Army Service Ribbon (ASR), and a Marksmanship Qualification Badge with .45 caliber pistol bar.
2. The applicant states that his DD Form 214 should reflect the awards of the NDSM, OSR, ASR and a Marksmanship Qualification Badge with .45 caliber pistol bar.
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 enlisted in the Regular Army on 9 January 1963 for a period of 3 years. He completed his training and was transferred to Germany on 28 May 1963. He was promoted to the pay grade of E-5 on 7 November 1965.
3. He departed Germany on 28 December 1965 and was transferred to Fort Hamilton, New York where he was honorably released from active duty (REFRAD) as an oversea returnee that date. He had served 2 years, 11 months, and 20 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.
4. A review of his official records failed to show any evidence of the applicant qualifying with the .45 caliber pistol.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the:
a. 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 and a date to be determined.
b. ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before
1 August 1981 provided they had an Active Army status on or after 1 August 1981.
c. OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
d. Marksmanship 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect the award of the NDSM has been noted and found to have merit. The applicant served during a qualifying period for award of the NDSM and thus it should be entered on his DD Form 214 at this time.
2. However, there is no evidence to show that he had an active status after
1 August 1981 which is necessary to qualify for awards of the OSR and the ASR. Accordingly, he is not entitled to these awards.
3. Additionally, he has failed to show evidence to show that he qualified at any level for award of a Marksmanship Qualification Badge for the .45 caliber pistol.
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 award of the NDSM to 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 adding the awards of the OSR, ASR, and a Marksmanship Qualification Badge for the .45 caliber pistol.
_______ _ ___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) AR20120010509
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ABCMR Record of Proceedings (cont) AR20120010509
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