BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140000887 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the National Defense Service Medal, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

2.  The applicant states he:

* served during a period of conflict
* had 3 years of service

3.  The applicant provides his 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 records show he enlisted in the Regular Army on 11 January 1963.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms), he qualified as a Marksman with the M-1 Rifle and as a Sharpshooter with the M-16 Rifle;

	b.  item 31 (Foreign Service), he served on temporary duty in the Dominican Republic from 30 April to 29 October 1965;

	c.  item 38 (Record of Assignments), he was assigned to Company C, 2d Battalion, 505th Infantry Regiment from 25 May 1964 to 9 January 1966; 

	d.  item 38, he received "excellent" conduct and efficiency ratings; and

   e.  item 41 (Awards and Decorations), does not list award of the Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14 and M-16).

4.  His record contains Special Orders Number 55, dated 9 March 1965, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  On 10 January 1966, he was released from active duty after serving 3 years with no lost time.  His DD Form 214 shows he was awarded the Parachutist Badge, Armed Forces Expeditionary Medal, and Combat Infantryman Badge.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  

7.  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 has qualified.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was eligible for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The available evidence shows he served honorably from 11 January 1963 to 10 January 1966 and he received all "excellent" conduct and efficiency ratings.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  There is no evidence of record nor did he submit any evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14 and M-16).  Therefore, he is not entitled to have his DD Form 214 corrected to add these badges.

4.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this badge. 

5  His DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, his DD Form 214 should be corrected to show this badge.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF

____X____  ____X____  ___X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:
	a.  awarding him the Good Conduct Medal for the period of service from 
11 January 1963 to 10 January 1966; and

	b.  adding the National Defense Service Medal, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) to his DD Form 214. 

2.  The Board further determined 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 correcting his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and 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)                                         AR20140000887





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ABCMR Record of Proceedings (cont)                                         AR20140000887



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