IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020896 


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 award of the Korea Defense Service Medal (KDSM) and Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states:

* the marksmanship qualification badge was overlooked
* the KDSM was never awarded

3.  The applicant provides his DD Form 214.

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 31 July 1964 for 3 years and trained as a radio relay and carrier attendant.

3.  Headquarters, 2d Training Regiment, Basic, Special Orders Number 198, dated 24 September 1964, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 26 January 1965 through 25 February 1966.

5.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Special Orders Number 10, dated 10 January 1967, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  On 28 July 1967, he was honorably released from active duty in the rank of specialist four after completing 2 years, 11 months, and 28 days of creditable active service with no lost time.

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 

9.  There is no evidence indicating he was awarded the Army Good Conduct Medal.  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

10.  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 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.

11.  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 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.

12.  Army Regulation 600-8-22 (Military Awards) provides that marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Korea from January 1965 to February 1966, he is authorized award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant's request to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214 was noted.  However, the evidence shows he qualified as Expert with the M-14 rifle in September 1964, but later he qualified as Sharpshooter with the M-14 rifle in January 1967.  Since the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear, his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  He was released from active duty in the rank of specialist four with almost 3 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 31 July 1964 through 28 July 1967 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 Army Good Conduct Medal (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 Army Good Conduct Medal (1st Award) for the period 31 July 1964 through 28 July 1967 and

	b.  adding award of the Army Good Conduct Medal (1st Award), KDSM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to his 
DD Form 214.

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 award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 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)                                         AR20140020896



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ABCMR Record of Proceedings (cont)                                         AR20140020896



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