BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013652 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal, Korea Defense Service Medal, and his Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars.

2.  The applicant states these awards and badge are not recorded on his 
DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 24 (Service Record), page 3
* DA Form 20 (Enlisted Qualification Record) 1st page
* Special Orders Number 26, 1st Missile Battalion, dated 8 June 1961
* Special Orders Number 145, 7th Infantry Division, dated 25 May 1964

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.  On 8 October 1956, the applicant enlisted in the U.S. Air Force.  He served for a period of 4 years and was honorably released from active duty.  His DD Form 214 for this period of service ending on 7 October 1960, shows he was awarded the Good Conduct Medal.

3.  On 9 January 1961, the applicant enlisted in the Illinois Army National Guard.  He served until 1 August 1961, when he was honorably separated.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 1 August 1961 shows he had qualified in June 1961 as a sharpshooter with the carbine and was awarded the corresponding marksmanship qualification badge.

4.  On 21 September 1961, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 131.20 (Armor Crewman).

5.  On 24 February 1962, the applicant departed Fort Knox, KY for duty in the Republic of Korea (ROK), where he was subsequently assigned to Headquarters Troop, 2nd Reconnaissance Squadron, 10th Cavalry.

6.  On 9 March 1963, the applicant departed the ROK and was assigned to Fort Benning, Georgia.

7.  On 16 December 1963, the applicant departed Georgia for another tour of duty in the ROK.  On 31 January 1964, he was assigned to Company B, 1st Battalion, 73rd Armored Regiment.

8.  Special Orders Number 145, paragraph 20, announced award of the Expert Marksmanship Qualification Badge with Rifle Bar to the applicant based on his qualifying score on 17 April 1964.

9.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 shows that he had qualified on 25 May 1964 as expert with the 90 millimeter tank gun and .30 caliber machine gun.  It also shows that he had qualified on 16 May 1964 as marksman with the .45 caliber pistol.

10.  On 24 August 1964, the applicant departed the ROK and returned to the United States.
11.  On 8 September 1964, the applicant was honorably discharged.  He had attained the rank of specialist five, pay grade E-5, and had completed a total of 
7 years, 11 months, and 1 day of military service.

12.  The applicant's DD Form 214 effective 8 September 1964 shows his awards as the Expert Marksmanship Qualification Badge with Tank Weapons and Machinegun Bars and the Marksman Marksmanship Qualification Badge with Pistol Bar.

13.  Army Regulation 600-8-22 (Military Awards):

	a.  The National Defense Service Medal 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.  The Korea Defense Service Medal 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The 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.

	d.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

14.  Army Regulation 635-5 (Separation Documents), as in effect prior to 
23 August 1973, provided that only those decorations, service medals, campaign credits, and badges awarded or authorized during the period of service covered by the DD Form 214 would be shown in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).



DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, this award should be shown on his DD Form 214.

2.  Records show the applicant served a qualifying tour of duty in the defense of the ROK.  Therefore, the Korea Defense Service Medal should be shown on his DD Form 214.

3.  Special orders show the applicant's latest marksmanship qualification with the rifle was as expert in 1964.  Therefore, his earlier qualification as a sharpshooter was revoked.  Accordingly, his request to show this qualification with the rifle should be shown on his DD Form 214.

4.  Records show the applicant qualified in June 1961 as a sharpshooter with the carbine and that this qualification was recorded on his NGB Form 22.  Because this qualification occurred prior to his subsequent period of active duty, it is not authorized for entry on his DD Form 214.  Therefore, this portion of his request should be denied.

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, in addition to the awards already-shown on his DD Form 214:

* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

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 showing his sharpshooter qualification with the carbine and rifle on 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)                                         AR20120013652





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ABCMR Record of Proceedings (cont)                                         AR20120013652



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