IN THE CASE OF:  	  

		BOARD DATE:  2 June 2015	  

		DOCKET NUMBER:  AR20140017807 


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 the following:

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Expert Marksmanship Qualification Badge with Grenade Bar and Korea Defense Service Medal
* award of the Army Good Conduct Medal

2.  The applicant states he would like his DD Form 214 to show his award of the Expert Marksmanship Qualification Badge with Grenade Bar and Korea Defense Service Medal.  After his separation, he was also advised that he would be awarded the Army Good Conduct Medal.  His DD Form 214 does not show this award; however, his official military personnel file shows he received "excellent" conduct and efficiency ratings throughout his period of service.  

3.  The applicant provides copies of the following:

* DA Form 20 (Enlisted Qualification Record) (page 3)
* DD Form 214
* two letters from the National Personnel Records Center (NPRC)

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.  The applicant was inducted into the Army of the United States on 20 October 1969.  He was awarded military occupational specialty 11D (armor reconnaissance specialist).  

3.  His records contain Special Orders (SO) Number 350, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ on 16 December 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Hand Grenade Bars.

4.  He served in Korea from 23 March 1970 through 24 May 1971.  

5.  He was honorably released from active duty in pay grade E-4 on 24 May 1971 as an overseas returnee and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 7 months, and 5 days of active service and 1 year, 2 months, and 2 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

6.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) the National Defense Service Medal and Armed Forces Expeditionary Medal (Korea)

7.  His record is void of any orders awarding or authorizing him the Expert Marksmanship Qualification Badge with Grenade Bar during his period of service.
8.  He provided copies of two letters from the NPRC, both in response to his requests, wherein he was advised on 13 April 2009 of his entitlement to the Expert Marksmanship Qualification Badge with Grenade Bar.  On 26 October 2009, he was advised of his authorization and shipment of the awards listed on his DD Form 214 and the Korea Defense Service Medal.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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 of service entirely during the period 7 December 1941 through 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-marital.

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.

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.  Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Hand Grenade Bars during his period of service.  Therefore, his DD Form 214 should be corrected by adding the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

2.  He completed 1 year, 7 months, and 5 days of honorable service.  He received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-4, and he served in Korea and was awarded the Armed Forces Expeditionary Medal.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 20 October 1969 through 24 May 1971 and its addition to his DD Form 214.

3.  He completed a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  With regard to the Expert Marksmanship Qualification Badge with Grenade Bar, there is no evidence of record, i.e., orders, and he provided insufficient evidence showing he was awarded this badge during his period of service.  Therefore, there is insufficient evidence to support its addition 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 20 October 1969 through 24 May 1971
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Korea Defense Service Medal

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 Grenade Bar 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)                                         AR20140017807





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ABCMR Record of Proceedings (cont)                                         AR20140017807



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