BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140018192
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) to show the:
* Army Good Conduct Medal
* Distinguished Guardian Badge
2. The applicant states the DD Form 214 does not reflect the requested awards.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* General Orders (GO) Number 37 (Army Good Conduct Medal)
* Memorandum authorizing the Distinguished Guardian Badge
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's records show he enlisted in the Regular Army on 16 January 1972 and he held military occupational specialty 111.10 (Rifleman).
3. Special Orders (SO) Number 47, issued by Headquarters, 2nd Training Regiment, Fort Dix, NJ, on 27 February 1962, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
4. SO Number 133, issued by Headquarters, 2nd Training Regiment, Fort Dix, NJ, on 19 June 1962, awarded him the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with Light Machine Gun Bar (.30 Caliber).
5. He served in Germany from on or about 16 July 1962 to on or about 26 December 1964. He was assigned to the 2nd Battalion, 6th Infantry.
6. SO Number 193, issued by Headquarters, 2nd Battle Group, 6th Infantry, Germany, on 13 September 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
7. GO Number 37, issued by Headquarters, 2nd Battle Group, 6th Infantry, Germany, on 15 December 1964, awarded him the Army Good Conduct Medal (1st Award).
8. He provides a memorandum, issued by the Commanding Officer of 2nd Battle Group, 6th Infantry, Germany, designating him and other Soldiers as Distinguished Guardians for their outstanding performance and awarding them the Distinguished Guardian Badge.
9. He was honorably released from active duty on 15 January 1965. His DD Form 214 shows he completed 3 years of active service. He was awarded or authorized the Army of Occupation Medal (Berlin) and Armed Forces Expeditionary Medal (Berlin).
10. The Distinguished Guardian Badge is a local badge that is unique to the applicant's unit at the time. It is not governed by Army Regulation 600-8-22 (Military Awards).
11. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), Marksman Marksmanship Qualification Badge with Light Machine Gun Bar (.30 Caliber), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). None of these badges is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these badges.
2. GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. He served during a period of eligibility for the National Defense Service Medal. He is entitled to correction of his DD Form 214 to show this award.
4. The Distinguished Guardian Badge is a local badge that is unique to the applicant's unit at the time. It is not governed by Army Regulation 600-8-22. It is not authorized for entry on the 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:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Light Machine Gun Bar (.30 Caliber)
* 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 the Distinguished Guardian Badge.
_______ _ 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) AR20140018192
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