BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006572
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, in effect, that his DD form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his badges he earned during the Vietnam Era.
2. He states dates not available upon discharge.
3. He provides his DD Form 214 and Honorable Discharge Certificate.
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 applicants 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 applicants 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 9 February 1959. He was honorably released from active duty on 4 April 1962 and credited with completing 3 years, 1 month, and 26 days of active duty service.
3. His DD Form 214 shows he was awarded the Parachutist Badge and the Army Good Conduct Medal.
4. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows that in addition to the Parachutist Badge and the Army Good Conduct Medal, he was also awarded the:
* Marksman Marksmanship Qualification Badge with Rifle Bar, Special Orders (SO) 64, Headquarters (HQ), 3rd Training Regiment
* Expert Marksmanship Qualification Badge with Carbine Bar, SO 54, HQ, School Troop Command, The Provost Marshal General's School
* Expert Marksmanship Qualification Badge with Pistol Bar, SO 207, HQ, School Troop Command, The Provost Marshal General's School
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states to enter all decorations, medals, badges, commendations, and citations awarded or authorized during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 24 verifies that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Carbine Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar. Therefore, he is entitled to correction of his DD Form 214 to show these badges.
BOARD VOTE:
___X_____ ____X____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Carbine Bar and
Pistol 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) AR20120013311
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ABCMR Record of Proceedings (cont) AR20140006572
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