IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140003294 


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 he was awarded or authorized the following: 

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* a service ribbon to denote his participation in Operation Power Pack in the Dominican Republic from 1965-1966

2.  The applicant states he never received the medals.  He wants credit for what he earned and qualified for.

3.  The applicant provides:

* DD Form 214
* an extract of his DA Form 20 (Enlisted Qualification Record) (pages 3-4)
* an extract of Special Orders Number 42, issued by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY on     4 March 1963 (page 2)
* an extract of Special Orders Number 56, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC on 10 March 1965 (page 1)
* Special Orders Number 210, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC on 4 September 1965
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 16 January 1963, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  In October 1964, he retrained and was awarded MOS 91B (Medical Specialist).

3.  His record contains the following award orders for the following, listed chronologically:

	a.  Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), which he was awarded in March 1963;

	b.  Parachutist Badge, which he was awarded in July 1963;

	c.  Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which he was awarded in March 1965;

	d.  Combat Infantryman Badge, which he was awarded in July 1965; and

	e.  Combat Medical Badge, which he was awarded in September 1965.

4.  His DA Form 20 provides the following:

   a.  he served in the Dominican Republic from 29 April 1965 through 23 July 1965;
   
   b.  his conduct and efficiency ratings were excellent, with the exception of a "good" conduct rating in the last reported period; and
   
   c.  he was awarded the Parachutist Badge, Armed Forces Expeditionary Medal, Combat Infantryman Badge, and the Combat Medical Badge. 
5.  He was honorably released from active duty on 14 January 1966.  His         DD Form 214 shows he was awarded or authorized the Parachutist Badge, Armed Forces Expeditionary Medal, Combat Infantryman Badge, and the Combat Medical Badge.

6.  His record does not show he was awarded the Army Good Conduct Medal or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

7.  Army Regulation 600-8-22 (Military Awards) provides that 

   a.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The Armed Forces Expeditionary Medal is awarded only for operations for which no other U.S. campaign medal is approved.  Service in the Dominican Republic from 28 April 1965 to 21 September 1966 is listed as a military operation for which this medal is authorized. 
   
   b.  The Good Conduct Medal is awarded to individuals who distinguish themselves by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single conduct or efficiency rating of less than “excellent” was disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which were omitted from his DD Form 214.  Therefore, it would be appropriate to correct this omission.

2.  He was awarded the Armed Forces Expeditionary Medal for his service in the Dominican Republic.  This award constitutes award of a service medal for this period and location of service.  No additional award is authorized to reflect this period of service.

3.  He has not provided and the record does not contain any evidence that he was recommended for or awarded the Good Conduct Medal.  He had one rating period wherein he received a "good" rating for his conduct.  At the time, this would have disqualified him for award of the Army Good Conduct Medal.    
4.  He has not provided and the record does not contain any evidence that shows he qualified for or was awarded a Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  From the available evidence it is not possible to determine if he was issued any or all of his authorized awards.  It is therefore appropriate to direct that a complete set of medals, ribbons, and badges be issued to the applicant.

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:

* amending his DD Form 214 to show he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* issuing him a complete set of his authorized awards and decorations

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 correcting his record to show he was awarded the Army Good Conduct Medal and 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)                                         AR20140003294



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ABCMR Record of Proceedings (cont)                                         AR20140003294



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