IN THE CASE OF:	 

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004021 


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 (Certificate of Release or Discharge from Active Duty) to: 

* remove the Expert Marksmanship Qualification Badge with Rifle Bar 
* add the Korea Defense Service Medal, Global War on Terrorism Service Medal, and Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)

2.  The applicant states:

* he served in Korea from 2 June 2000 to 30 May 2001 with Headquarters, Eighth U.S. Army, which qualifies him for the Korea Defense Service Medal
* he served on active duty from 11 September 2001 to 10 June 2003, which qualifies him for the Global War on Terrorism Service Medal
* he qualified marksman with the M-60 machine gun and he did not maintain qualification with the M-16 rifle

3.  The applicant provides his DD Form 214 and a certificate showing award of the Army Achievement Medal.

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 5 June 1997 and he held military occupational specialty 74B (Information Systems Operator/Maintainer). 

3.  He provides a certificate, dated 23 April 2001, that shows he was awarded the Army Achievement Medal for meritorious service with Eighth U.S. Army in Korea from 2 June 2000 to 30 May 2001. 

4.  He was honorably discharged from active duty on 4 June 2003 at Fort Bragg, NC.  His DD Form 214 shows he was awarded or authorized the: 

* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  On 28 January 2004, he was issued a DD Form 215 (Correction to DD Form 214) that amended his separation date and net active service served. 

6.  His records do not contain any documentary evidence showing his marksmanship qualifications, weapon systems, or degree of qualifications. 

7.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

	c.  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.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

	d.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from June 2000 to May 2001 during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant served on active duty from 5 June 1997 through 4 June 2003 during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's service records do not reflect his marksmanship qualification (weapon systems and degree).  It is unknown what weapon systems he qualified with or the degree of his qualification.  

	a.  As for the Expert Marksmanship Qualification Badge with Rifle Bar, it is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  However, since he specifically indicated he did not maintain qualification in this weapon system, this badge should be deleted from his DD Form 214. 

	b.  As for the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), there is no evidence in his records such as an order, memorandum, endorsement, record of fire, or certificate confirming his qualification and the degree of qualification with this weapon system.  As such, there is insufficient evidence to add this badge to his DD Form 214. 

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:

* deleting from his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar
* adding to his DD Form 214 the Korea Defense Service Medal and Global War on Terrorism Service Medal

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 Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).





      _______ _   __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)                                         AR20140004021





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ABCMR Record of Proceedings (cont)                                         AR20140004021



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