BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014854 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM), National Defense Service Medal (NDSM), and an unspecified marksmanship qualification badge with rifle bar.

2.  The applicant states these medals and awards are not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 23 June 1958 for 3 years.  He completed training and was awarded military occupational specialty 671.20 (single engine airplane mechanic).

3.  Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he served in Korea from 26 December 1958 to 22 December 1959.

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows:

* he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 1st Training Regiment, Special Orders 111, dated 7 August 1958 – this entry is lined through, initialed, and dated 12 September 1960
* he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Headquarters, Lawson Army Aviation Command, Special Orders 166, dated 8 September 1960

5.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  On 15 May 1961, he was honorably released from active duty in the temporary rank of specialist five after completing 2 years, 10 months, and 23 days of creditable active service with no lost time.

7.  His DD Form 214 shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

9.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

10.  Army Regulation 600-8-22 states the NDSM 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.

11.  Army Regulation 600-8-22 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 has qualified.

12.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

13.  Army Regulation 672-5-1 (Awards), 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Korea from December 1958 to December 1959, he is authorized award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  He served a qualifying period for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  His DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as an authorized award.  Section 9 of his DA Form 24 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in 1958, but he was later awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in 1960 and the Expert Marksmanship Qualification Badge with Rifle Bar is lined through.  Since the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear, it appears that the marksmanship qualification badge recorded on his DD Form 214 is correct.  Therefore, there is no evidentiary basis for adding an additional marksmanship qualification badge to his DD Form 214.

4.  He was released from active duty in the temporary rank of specialist five with almost 3 years of creditable active service with no lost time and he received all "excellent" conduct and efficiency ratings throughout his service.  It appears he met the eligibility criteria for the first award of the AGCM for the period 23 June 1958 through 15 May 1961 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the AGCM (1st Award) for the period 23 June 1958 through 15 May 1961 and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* NDSM
* KDSM

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 adding an additional marksmanship qualification badge to his 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)                                         AR20140014854



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ABCMR Record of Proceedings (cont)                                         AR20140014854



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