IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020433
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 (Report of Separation from the Armed Forces of the United States) to show the Army Good Conduct Medal, Expert Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states he qualified for the awards and he does not understand why the awards were not included on his DD Form 214.
3. The applicant provides a 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 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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214.
3. His DD Form 214 shows:
a. He enlisted in the Regular Army for a period of three years and he entered active duty on 12 January 1951.
b. His branch of service was Infantry.
c. He served 2 years, 5 months, and 16 days of foreign and/or sea service.
d. He was awarded or authorized the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal.
e. He was honorably discharged on 8 December 1953.
4. There is no evidence in the applicant's available records indicating he was recommended for or awarded the Army Good Conduct Medal or that he was awarded Expert Infantryman Badge or the Expert Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
6. Army Regulation 600-8-22 (Military Awards) states:
a. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
b. The 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's contention that his DD Form 214 should be corrected to show the Army Good Conduct Medal, Expert Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar has been carefully considered.
2. His DD Form 214 confirms he served on active duty from 12 January 1951 to
8 December 1953 and that he was subsequently honorably discharged. However, absent military records, such as a DA Form 24 (Service Record), his conduct and efficiency ratings cannot be verified. As a result, his eligibility for the Army Good Conduct Medal cannot be established. Regrettably, there is an insufficient evidentiary basis to support award of the Army Good Conduct Medal at this late date.
3. There is no evidence of record and the applicant has not provided sufficient evidence that shows he was awarded the Expert Infantryman Badge and/or the Expert Marksmanship Qualification Badge with Rifle Bar. As such, there is insufficient evidence on which to base correction his DD Form 214 to show these badges.
4. In view of the foregoing, there is no basis to grant the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130020433
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ABCMR Record of Proceedings (cont) AR20130020433
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