IN THE CASE OF:	

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130006984 


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 Army Good Conduct Medal (AGCM) and Expert Marksmanship Qualification Badge with 
(M-16) Rifle Bar.

2.  The applicant states he received only one copy of the orders awarding him the AGCM.  He sent it to the National Personnel Records Center when he requested issuance of his medals; however, the orders were not returned to him.  He also states the AGCM and Expert Marksmanship Qualification Badge with
(M-16) Rifle Bar are not recorded on his DD Form 214.  He adds that he wants his records to be accurate.

3.  The applicant provides a copy of his DD Form 214, badge orders, and a 
DA Form 1577 (Authorization for Issuance of Awards).

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 enlisted in the Regular Army on 14 June 1966 for a period of 
3 years.  He was awarded military occupational specialty 02F (Tuba Player).

3.  Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 158, dated 27 July 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters Special Troops, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 129, dated 2 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 33 (Appointments and Reductions), that he was promoted to specialist five (SP5)/pay grade E-5 on 26 October 1967;

	b.  item 38 (Record of Assignments), that he received all "excellent" conduct and efficiency ratings throughout his military service; and

   c.  item 41 (Awards and Decorations):
   
* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

6.  A DA Form 137 (Installation Clearance Record), dated 27 May 1969, shows the applicant was assigned to the 19th Army Band, Fort Dix, NJ, and the commander rated the applicant's conduct and efficiency as "excellent."

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 June 1969.  He completed 3 years of net active service this period.

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the NDSM.

   b.  Item 25 (Education and Training Completed) shows, in part, "Sharpshooter M-14."

8.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 

9.  A DA Form 1577, dated 9 February 1976, shows The Adjutant General of the Army, Washington, DC, authorized issuance of the AGCM and NDSM to the applicant.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing:

   a.  item 26 state:  list all decorations, service medals, campaign medals, and badges (emphasis added) awarded or authorized during the period covered, omitting authorities cited therein; and

   b.  item 25, in pertinent part:  enter service schools, training courses, military correspondence courses, and off-duty courses successfully completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the AGCM and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

2.  The applicant served a period of continuous honorable active duty enlisted service from 14 June 1966 through 13 June 1969.

   a.  He was promoted to SP5 (E-5) and he received all "excellent" conduct and efficiency ratings during this period of service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   c.  The Adjutant General of the Army issued the AGCM to the applicant on 
9 February 1976.  The applicant states he sent his orders to the National Personnel Records Center.

   d.  Based on the available evidence, it would be appropriate at this time to add the AGCM (1st Award) to his DD Form 214.

3.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  Special orders also awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  However, the evidence of record shows the badge was incorrectly recorded in item 25 (vice item 24) of his
DD Form 214.  Therefore, it would be appropriate to correct this record error.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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:

   a.  deleting from item 25 of his DD Form 214 the entry "Sharpshooter M-14"; and
   
   
   
   
   b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar




      _______ _   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)                                         AR20130006984



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ABCMR Record of Proceedings (cont)                                         AR20130006984



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