IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140020406 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1980 by adding the following awards:

* Marksmanship Qualification Badge with Carbine Bar (M-1 Rifle)
* Marksmanship Qualification Badge with Rifle Bar (M-16) (shown as
AR-16)
* Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksmanship Qualification Badge with Hand Grenade Bar
* Second Award, Oak Leaf Cluster (no award identified)
* National Defense Service Medal (shown as National Defense Star)
* Army Commendation Medal
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal
* Korea Defense 50th Anniversary Commemorative Medal
* Presidential Unit Commemorative Medal
* “PUC” Commemorative Medal
* American Defense Service Commemorative Medal
* Army Service Commemorative Medal
* Overseas Service Medal - Commemorative
* Armed Forces Retired Commemorative Medal
* Cold War Victory Commemorative Military Medal

2.  The applicant states, in effect, some of the above-mentioned medals were approved after he was retired; but he requests that they be added to his 
DD Form 214 because they pertain to his service.  Additionally, he requests the missing medals and badges be mailed to him.

3.  The applicant provides:

* General Orders (GO) Number 1433, dated 9 December 1974, issued by Headquarters, 9th Infantry Division, Fort Lewis, WA, awarding the applicant the Army Commendation Medal (1st Award) and certificate
* Permanent Orders (PO) Number 137-4, dated 12 July 1979, issued by Headquarters, 9th Infantry Division and Fort Lewis showing the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster (2nd Award)) and certificate
* 6 DD Forms 214 for service between 4 May 1960 and 31 July 1980
* DA Form 2-1 (Personnel Qualification Record - Part II)
* 11 pages printed from the Medals of America website

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 into the Army of the United States on 4 May 1960.  On 9 July 1960 he enlisted in the Regular Army.  Initially, he was awarded military occupational specialty (MOS) 63F (Recovery Specialist).  Later he changed his primary MOS to 63C (Track Vehicle Mechanic).  The highest rank/grade held was sergeant first class/pay grade E-7.

3.  After numerous reenlistments, on 31 July 1980, he retired and was placed on the Retired List.  His DD Form 214 for that period of service was amended by a DD Form 215 (Correction to DD Form 214), on 18 June 2002, to show he was awarded the Army Commendation Medal with 1 Oak Leaf Cluster.  He completed
20 years, 2 months, and 27 days of total service for retired pay.  His DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Aircraft Crewman Badge
* Air Force Outstanding Unit Award
* Army Good Conduct Medal (6th Award)

4.  DA Form 20 (Enlisted Qualification Record) contains an entry showing the award of an Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  There are no entries showing qualification for the .45 caliber pistol, hand grenade, or M-1 carbine.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 July 1960 contains an entry in item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1).

6.  His DA Form 2-1 has the following entries:

	a.  Item 5 (Overseas Service):

* Korea from 23 September 1960 to 12 January 1962
* Korea from 29 October 1974 to 2 November 1975
* Korea from 17 July 1979 to 17 July 1980

	b.  Item 9 (Awards, Decorations, and Campaigns) lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  There are no entries showing qualification on the .45 caliber pistol, hand grenade, M-16, or M-1 Carbine.

7.  His records are void of orders showing weapons for which the applicant was qualified.

8.  Army Regulation 600-8-22 (Military Awards) prescribes policies, procedures, and identifies military awards and decorations for the Army.

	a.  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.  
	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  For Korea, the period is 1 October 1966 to 30 June 1974 (emphasis added).

	c.  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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  All U.S. Army medals are presented without cost to the awardee.  Replacement medals or service ribbons for individuals not on active duty may be made at cost price.  In general, however, requests for Veterans are done at no cost.  

9.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the following awards be added to his 
DD Form 214 for the period ending 31 July 1980:

	a.  He has weapons qualification badges reflected in his records; therefore, these badges should be added to his DD Form 214:

* Sharpshooter Marksmanship Qualification Badge with Carbine Bar 
(M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  His records are void of orders or entries showing he qualified on the 
.45 caliber pistol, or the hand grenade.  Additionally, he provides no documentary evidence, such as orders showing qualification on these weapons.



	c.  As to the award of medals and service ribbons:

* he makes a reference to a second award oak leaf cluster, but does not identify the award to which he is referring; he did receive a second Army Commendation Medal and a DD Form 215 was issued on 18 June 2002 correcting his DD Form 214 to show the second award
* there is no National Defense Star, but he appears to mean the National Defense Service Medal, which is already shown on his DD Form 214; no change is therefore required
* he does not have qualifying service for award of the Armed Forces Expeditionary Medal; for Korea, the period is 1 October 1966 to 30 June 1974 and he served before and after this period
* he does have qualifying service for award of the Korea Defense Service Medal and it should be added to his DD Form 214

2.  Regarding the addition of commemorative medals to his DD Form 214 they are not shown on a discharge document.

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 issuing the following awards to him and amending his DD Form 214 for the period ending 31 July 1980 by adding the:

* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 following awards to his DD Form 214:

* Korea Defense 50th Anniversary Commemorative Medal
* PUC Commemorative Medal
* Presidential Unit Citation Commemorative Medal
* American Defense Service Commemorative Medal
* Army Service Commemorative Medal
* Overseas Service Medal - Commemorative
* Armed Forces Retired Commemorative Medal
* Cold War Victory Commemorative Military Medal
* Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksmanship Qualification Badge with Hand Grenade Bar



      _______ _   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)                                         AR20140020406



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ABCMR Record of Proceedings (cont)                                         AR20140020406



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