IN THE CASE OF:  	  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140007554 


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, the daughter of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards and the issuance of the medal sets to his next-of-kin.

2.  The applicant states the FSM served during the Vietnam-era and was entitled to the National Defense Service Medal.  He may also have been authorized other awards that are not shown on his DD Form 214.

3.  The applicant provides copies of the FSM's DD Form 214 and a Military Award Authorization Report obtained from the American War Library website.

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 FSM was inducted into the U.S. Army on 21 July 1966, and upon completion of training, he was awarded military occupational specialty (MOS) 03C (Physical Activities Specialist).  He was promoted to specialist five (E-5) on 
11 January 1968 and awarded MOS 03B (Entertainment Specialist).

3.  Headquarters, U.S. Army Quartermaster Center, Fort Lee, VA, Special Orders Number 71, dated 9 October 1967, awarded the FSM the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The FSM's DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) the –

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar

5.  A DD Form 214 shows the FSM was honorably released from active duty (REFRAD) on 19 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation, which terminated on 20 July 1972.  He had completed 2 years of net active duty service this period.  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
 
* Rifle Expert
* Basic NCO (Noncommissioned Officer) Leadership Course – 1967 – Fort Knox, Kentucky

6.  In support of the application the applicant provides a copy of a Military Award Authorization Report pertaining to the FSM that was obtained from the American War Library website at:  www.amervets.com.  It shows, in pertinent part, the FSM's authorized medals, ribbons, badges, and pins as follows:

* Army Service Ribbon
* Cold War Recognition Certificate
* Honorable Service Lapel Pin
* National Defense Service Medal
* NCO Primary Leadership Development
* Weapons Marksmanship Qualification

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.   


	a.  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.

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to personnel who completed the required training before 
1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, it is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO Professional Development Courses.

	d.  The Army Lapel Button is a gratuitous issue item and the eligibility requirements are Soldiers transitioning with an honorable characterization of service (i.e., those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate).

	e.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and as such, is not shown on a separation document.  

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  The regulation contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 should be corrected to show all of the authorized awards that were omitted from his separation document.

2.  The evidence of record shows:

   a.  the FSM's active duty service qualified him for the National Defense Service Medal and the Army Lapel Button; and

   b.  special orders awarded him the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

3.  The evidence of record shows the FSM was REFRAD on 19 July 1968 and that his Reserve obligation terminated on 20 July 1972.  There is no evidence of record that shows the FSM had an Active Army status on or after 1 August 1981.
Thus, the FSM is not entitled to the Army Service Ribbon or NCO Professional Development Ribbon.

4.  The Cold War Recognition Certificate is not governed by the awards regulation and is not shown on a separation document.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the FSM's records to show his awards and decorations, as recommended below.

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 item 24 of his DD From 214 the entry, "Rifle Expert" and adding the following –

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar
* Army Lapel Button
* Issuing to the applicant the above awards

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 the Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Cold War Recognition Certificate.



      __________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)                                         AR20140007554



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ABCMR Record of Proceedings (cont)                                         AR20140007554



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