IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012778
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 July 1972 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant does not make any additional statement.
3. The applicant provides:
* DD Form 214 for the period ending 29 June 1966
* DD Form 214 for the period ending 1 July 1972
* A letter from the National Personnel Records Center, St. Louis, MO, dated 14 August 2009
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. On 8 June 1964, the applicant enlisted in the Regular Army for a period of
4 years. He completed his training and he was awarded military occupational specialty 05K (Teletype Intercept Operator).
3. On 9 April 1965, the applicant was assigned for duty in Ethiopia. While there, he was honorably discharged on 29 June 1966 for the purpose of immediate reenlistment. He completed 2 years and 22 days of total active service this period. He reenlisted on 30 June 1966. His subsequent overseas assignments included:
* Alaska: 20 July 1967 - 7 July 1968
* Panama: 11 August 1968 - 2 February 1970
* Thailand: 22 February 1970 - 20 February 1971
* Republic of Korea (ROK): 21 August 1971 - 30 June 1972
4. On 1 July 1972, the applicant was honorably discharged at the expiration of his term of service. He had attained the rank/grade of specialist five (SP5)/E-5. He completed 6 years and 2 days of net active service this period for a period of 8 years and 24 days of total active service.
5. The applicant's DD Form 214 for the period ending 1 July 1972 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Good Conduct Medal
* Armed Forces Expeditionary Medal
* Vietnam Campaign Medal with 1960 Device
6. The applicant's DA Form 20 (Enlisted Qualification Record) shows in
Item 41 (Awards and Decorations):
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), October 1966
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), July 1969
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), May 1971
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. The Korea Defense Service Medal (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 from 28 July 1954 through a future date to be determined by the Secretary of Defense.
b. The basic 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 applicant contends his DD Form 214 should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The evidence of record clearly shows the applicant qualified with the following three weapons and degrees as indicated:
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), October 1966
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), July 1969
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), May 1971
3. Records show that the applicant served in the ROK during a qualifying period for entitlement to the KDSM.
4. In view of the foregoing, the applicant's DD Form 214 for the period ending
1 July 1972 should be corrected as recommended below.
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 for the period ending 1 July 1972 the:
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
___________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) AR20120012778
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ABCMR Record of Proceedings (cont) AR20120012778
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