IN THE CASE OF: BOARD DATE: 2 October 2012 DOCKET NUMBER: AR20120006383 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards and decorations. He also requests the medals be sent to him. 2. The applicant states his DD Form 214 was not completed accurately. 3. The applicant did not provide any evidence. 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 28 September 1962 and he held military occupational specialty 55A (Ammunition Helper). 3. Special Orders Number 224, issued by Headquarters, 2nd Training Regiment, Basic, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, on 13 November 1962 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 4. Special Orders Number 165, issued by Headquarters, 184th Ordnance Battalion (Ammunition), Fort Sill, OK, on 21 October 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He served in Vietnam from on or about 13 August 1965 to on or about 10 April 1966. He was assigned to the 611th Ordnance Company. 6. He was honorably released from active duty on 11 April 1966 and transferred to the U.S. Army Reserve for completion of his service obligation. He completed 2 years, 10 months, and 26 days of active service and he had 228 days of lost time. 7. His DD Form 214 shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Vietnam Service Medal. 8. He was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) on 16 April 2012 that added awards of the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with "1960" Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation DISCUSSION AND CONCLUSIONS: 1. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 2. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 should be corrected to show the Expert vice the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 3. With respect to the issuance of medals, the ABCMR corrects records; it does not issue medals or badges. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 1 Reserve Way, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA 19111. 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 deleting from his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and adding the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) 2. The Board further determined that the evidence presented is insufficient to warrant a potion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing him all his medals. __________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) AR20120006383 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006383 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1