IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140005186 


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 he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal (AGCM).

2.  The applicant states:

   a.  He is the second born of his father and mother's ten children.  His father served in World War II and his brother served in Korea.  While completing shadow boxes for his siblings he recalled why his awards were not included on his DD Form 214.
   
   b.  He knows in his heart that he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the AGCM.  He comes from a hunting family and was known as a "crack shot."

   c.  While in training at the rifle range he was commended by the range sergeant who told him, "you must have had great experience, you are right on target and will get the sharpshooter badge with rifle bar."

   d.  He believes his unit commander erroneously forgot to issue the AGCM or he may have confused him with another Soldier.  While on a five-mile road march during basic training at Fort Bliss, TX, a group of guys went absent without leave (AWOL) and they were punished by serving as kitchen patrol (KP) on Thanksgiving Day.  Unfortunately, he was on regular schedule to serve KP duty on Thanksgiving, and he did.  The applicant proposes his name was included with those who went AWOL.  
   
   e.  After basic training he went to radio school.  It was a 12-week program at Camp Chaffee, AR, and he was the first to complete it.  He spent the last four weeks helping and teaching others the code and radio communications.  Because of his early completion he was asked to stay on as a member of the cadre; however, he declined and continued his instruction at Fort Sill, OK.
   
   f.  When he arrived at school, he was immediately made a temporary instructor for the radio operator portion of the school.  Upon completion, he was sent to the 30th Field Artillery Battalion where he quickly became the lead radio operator and he was complimented numerous times by the network control office for his knowledge and prowess as a radio operator.
   
   g.  While on division maneuvers the radio operator lost contact with the other battalions.  He worked to reestablish radio communication throughout the convoy and was commended by his commanding officer.  Upon the convoy's return, he was subsequently appointed as a member of the color guard.
   
   h.  He served honorably.  While in Germany, a warrant officer told him his rating and conduct in all categories were far superior and wanted him to reenlist; however, he respectfully declined in order to help support his parents and siblings.
   
   i.  He is now in the process of doing a shadow box in memory of his service and he would like to ensure his service is reflected correctly for his children.
   
3.  The applicant provides a self-authored statement. 

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 record is 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his DD Form 214.

3.  The applicant was inducted into the Army of the United States on 22 October 1953.  He successfully completed training and was awarded the military occupational specialty of Low Speed Radio Operator.  

4.  On 13 October 1955, he was honorably released from active duty in the rank of specialist three (SP3) after completing a total of 1 year, 11 months, and         22 days of active military service with no lost time.  He was awarded the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp.  His most significant duty assignment was with Headquarters Battery, 30th Field Artillery Battalion.

5.  The DD Form 214 issued at the time of his release does not show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar or the AGCM.

6.  There is no evidence in his reconstructed record and the applicant has not provided sufficient evidence that shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  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 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.

8.  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 qualified with.

DISCUSSION AND CONCLUSIONS:

1.  The available records indicate the applicant served honorably throughout his active duty service from 22 October 1953 through 13 October 1955.  He served as a Low Speed Radio Operator, attained the rank of SP3, and was honorably separated in that rank.  His DD Form 214 confirms he had no time lost.

2.  The applicant's service and sincerity are not in question; however, due to the unavailability of his military records there is no positive recommendation for the AGCM from his commander, and his conduct and efficiency ratings for his period of service were not available for review.  Unfortunately, there is insufficient evidence available to determine his eligibility for the AGCM.

3.  With respect to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, without conclusive evidence to show he qualified as sharpshooter with the rifle, regretfully there is insufficient evidence upon which to base adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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)                                         AR20140005186



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ABCMR Record of Proceedings (cont)                                         AR20140005186



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