IN THE CASE OF:	  

		BOARD DATE:  3 January 2013

		DOCKET NUMBER:  AR20120011510 


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 records to show several marksmanship qualification badges and any awards for his service in Germany during the Vietnam Era.

2.  The applicant states he received a letter from the National Records Personnel Center (NPRC), dated 16 May 2012.  He is a voluntary member of The American Legion Honor Guard and his service is equal to or greater than the other members who have decorations.  The wearing of decorations adds prestige and honor to the deceased during burial service.  He states he qualified with the M-1 rifle; .45 caliber pistol; .45 caliber submachine gun; .30 and .50 caliber machine guns; 75, 90, and 105 millimeter tank guns; and received recognition as a "Master Tank Gunner."

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and U.S. Army Reserve (USAR) discharge orders, dated 18 June 1968.

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 was commissioned as a USAR second lieutenant on 6 June 1959.

3.  He entered active duty on 29 May 1960 and served in Germany as a tank unit commander for 1 year, 7 months, and 5 days.

4.  The applicant was released from active duty on 20 April 1962 and transferred to the USAR Control Group (Annual Training).

5.  His DD Form 214 shows no awards or decorations.

6.  His DA Form 66 (Officer Qualification Record) shows he qualified as Expert with the .45 caliber pistol and the 90 millimeter tank gun.

7.  He resigned his commission to pursue further education and was honorably discharged effective 18 June 1968.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for any awards.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.  Basic marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

	c.  Formal recommendations and approval by the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.  In routine practice, even basic marksmanship qualifications are normally announced in unit orders.

10.  Public Law 105-85, section 1084, established a Cold War Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991.  The Cold War Recognition System Internet home page provides instructions for individual requests at:  https://www.hrc.army.mil/site/active/TAGD/
coldwar.default.htm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he received a letter from the NPRC but does not provide a copy of the letter for clarification as to which awards, decorations, or badges the NPRC may have determined he was authorized or awarded.

2.  The applicant's records contain no orders for any decorations, medals, badges, commendations, citations, or campaign ribbons.

3.  There is no official Army medal specifically recognizing service during the Cold War era.  The Cold War Recognition Certificate is not an official award, as such it is not included on a Soldier's DD Form 214.

4.  The applicant served during a period for which award of the National Defense Service Medal was authorized.  Therefore, it is appropriate add this award to his DD Form 214.

5.  The applicant's DA Form 66 shows he qualified as an Expert with the .45 caliber pistol and 90 millimeter tank gun.  Therefore, it is appropriate to add the Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the National Defense Service Medal and Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars to his DD Form 214.

2.  The Board further determined 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 any awards in excess of those listed above.



      _______ _  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)                                         AR20120011510



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ABCMR Record of Proceedings (cont)                                         AR20120011510



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