IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000615
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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal.
2. The applicant states he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in the summer of 1951 while in basic training at Fort Dix, NJ.
3. The applicant provides no additional evidence.
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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, his reconstructed record contains his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was enlisted in the Regular Army on 2 July 1951 for a period of 3 years and he entered active duty on that date. He held military occupational specialty 1301 (Counterintelligence Agent) and his last unit of assignment was the 115th Counter Intelligence Corps (CIC) Detachment, Presidio of San Francisco, CA.
4. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 9 December 1953.
5. He was honorably discharged from active duty on 24 June 1954 in the rank of SGT at the Presidio of San Francisco. He completed 2 years, 11 months, and 23 days of creditable active service with no time lost.
6. His DD Form 214 shows the National Defense Service Medal.
7. There is no evidence in his reconstructed record and the applicant has not provided any evidence that shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
8. His DD Form 230 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.
9. Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
10. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges. 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 qualifiedwith.
DISCUSSION AND CONCLUSIONS:
1. The available records indicate the applicant served honorably throughout his active duty service from 2 July 1951 through 24 June 1954. He served as a Counterintelligence Agent, attained the rank of SGT, and was honorably discharged in that rank. His DD Form 214 confirms he had no time lost.
2. In the absence of derogatory information that would show he had been disqualified for the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.
3. With respect to the Sharpshooter Marksmanship Qualification Badge, without conclusive evidence to show he qualified as sharpshooter with the rifle, regretfully, there is insufficient evidence upon which to base award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 2 July 1951 through 24 June 1952
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award)
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 the Sharpshooter Marksmanship Qualification Badge with 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) AR20140000615
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ABCMR Record of Proceedings (cont) AR20140000615
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