IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140016922 


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 (Armed Forces of the United States Report of Transfer or Discharge) by issuance of a DD Form 215 (Correction to DD Form 214) that lists the:

* Korea Defense Service Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 
* qualifications he earned with the Browning Automatic Rifle (BAR) and 1919-A6 (Browning Machinegun)

2.  The applicant states he served in Korea from 8 October 1962 through 29 October 1963 (i.e., 13 November 1963).  He qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and also qualified on the BAR and Browning Machinegun.  He believes his military records should reflect the correct awards and decorations.

3.  The applicant provides:

* DA Form 24 (Service Record) (2 copies)
* DA Form 20 (Enlisted Qualification Record) (illegible)

* information on the Korea Defense Service Medal, National Defense Service Medal, and Armed Forces Expeditionary Medal

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  On 15 March 2013, the National Achieves and Records Administration (NARA) issued a DD Form 215 adding the Korea Defense Service Medal, National Defense Service Medal, and the Expert [Marksmanship Qualification] Badge with Rifle Bar to his DD Form 214 for the period ending 18 January 1965.  As a result, these awards will not be further discussed in these Proceedings.

3.  The applicant's military records show he enlisted in the Regular Army on 19 January 1962 for 3 years.  He was awarded military occupational specialty 111.60 (light weapons infantryman).  He served in Korea from 8 October 1962 through 29 October 1963.

4.  His records contain Special Orders (SO) Number 51, dated 21 March 1962, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  He was honorably released from active duty on 18 January 1965 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years of active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the entry "NA."

6.  His record is void of any orders awarding or authorizing him a Marksmanship Qualification Badge with MachineGun Bar (M-1991A6) or Auto Rifle Bar (BAR) during his period of service.

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, in U.S. military operations, or U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  Tables 2-2 of the regulation shows the Armed Forces Expeditionary Medal is awarded for service in Korea from 1 October 1966 through 30 June 1974.

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 has qualified.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Machinegun Bar.

9.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  With regard to the Armed Forces Expeditionary Medal, by regulation, this award is authorized for service in Korea from 1 October 1966 through 30 June 1974.  His period of service in Korea from 6 October 1962 through 13 November 1963 occurred prior to the eligibility dates.  Therefore, he is not entitled to award of the Armed Forces Expeditionary Medal or its addition to his DD Form 214.

3.  With regard to a Marksmanship Qualification Badge with Machinegun Bar and Auto Rifle Bar, there is no evidence, in the form of an order, entry on the DA Form 24, memorandum/endorsement, or a firing record that shows the applicant qualified expert with either of these weapons and he provided none to show he was awarded badges for his qualification scores with these weapons during his period of service.  Therefore, there is insufficient evidence to support award of a Marksmanship Qualification Badge with Machinegun Bar or Auto Rifle Bar or addition of such to his DD Form 214.

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 his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

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 award of the Armed Forces Expeditionary Medal and a Marksmanship Qualification Badge with Machinegun Bar or Auto Rifle Bar and their addition 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)                                         AR20140016922





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ABCMR Record of Proceedings (cont)                                         AR20140016922



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