IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140008834
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 that the National Defense Service Medal, Korean Defense Service Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar be added to his DD Form 214 (Report of Transfer or Discharge)
2. The applicant states his awards were not listed on his DD Form 214
3. The applicant provides copies of his DA Form 24 (Service Record), his DD Form 214 for the active duty period ending 18 December 1964, and a page from a letter from the National Personnel Records Center stating they have authorized shipment of the subject awards.
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 was inducted on 14 January 1963. Following training as a fire control instrument repairman he served in Korea with the 38th Ordnance Company from 26 September 1963 through 8 September 1964.
3. A Section 9 (Medals Decorations and Citations) entry on the DA Form 24 indicates he was authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in 3 March 1963.
4. His DA Form 20 (Enlisted Qualification Record) item 28 (Qualification in Arms) indicates he was qualified as a Sharpshooter with the M-1 Rifle in March 1963 and as an Expert with the M-14 Rifle in June 1964.
5. The only indication that he qualified as Expert with the Carbine are 1967 entries on a DA Form 20 and an National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard).
6. Army Regulation 600-8-22 (Military Awards) states:
a. The National Defense Service Medal is awarded for honorable active service for various time periods including any period between 1 January 1961 and 14 August 1974; and
b. 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.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that the National Defense Service Medal, Korean Defense Service Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar be added to his DD Form 214 (Report of Transfer or Discharge)
2. The applicant served on active duty during a period when the National Defense Service Medal was authorized.
3. He was qualified as a Sharpshooter with the M-1 Rifle in March 1963 and as an Expert with the M-14 in July 1964.
4. He did not qualify with the Carbine until 1967 while he was serving in the Army National Guard. This information should not be entered on his 1964 DD Form 214.
5. He qualified for award of the Korea Defense Service Medal by his service in Korea from September 1963 to September 1964.
6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records 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 adding to the awards already shown on his 1964 DD Form 214 the National Defense Service Medal, the Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
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 adding the Expert Marksmanship Qualification Badge with Carbine Bar to the 1964 DD Form 214.
___________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) AR20140008834
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ABCMR Record of Proceedings (cont) AR20140008834
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