IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005761 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: * award of the Army Good Conduct Medal and the National Defense Service Medal * correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Marksmanship Qualification Badge he earned for the M-1 Rifle while in Basic Combat Training (BCT) 2. The applicant states: * he enlisted in the U.S. Army Reserve in June 1951 and was immediately called to active duty * his unit moved around a lot and, because of this, his records were not kept up-to-date * his DD Form 214 only shows the Army of Occupation of Medal with Germany Clasp * he was able to show the National Personnel Records Center (NPRC) he should have received the National Defense Service Medal and they will be sending him this award * NPRC said there was nothing they could do with regard to the Army Good Conduct Medal * he served on active duty his entire career; he never received any disciplinary action and he rose in rank from E-2 to E-6 * while in BCT, he qualified on the M-1 Rifle; his drill instructor told him he shot very well but his DD Form 214 does not reflect the level of skill he achieved 3. The applicant provides: * DD Form 214 * correspondence to and from NPRC * photocopy of his Certificate of Service in the U.S. Army 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 complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provides a DD Form 214, which provides sufficient information for addressing his requests. 3. His DD Form 214 shows he was called to active service from the Enlisted Reserve Corps on 10 June 1951. 4. He was honorably released from active duty on 4 June 1953. His DD Form 214 shows he completed 1 year, 11 months, and 24 days of net active creditable service, with no lost time. His rank at time of entry was private (PV2)/E-2 and, on separation, he was a sergeant (SGT). He was awarded or authorized the Army of Occupation Medal with Germany Clasp. The level of marksmanship qualification achieved is not reflected. 6. Army Regulation 600-65 (Service Medals), 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. a. For first award only, 1 year served entirely during the period 7 December 1941 to 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. b. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “Excellent” or higher. Ratings of “Unknown” for portions of the period under consideration are not disqualifying. c. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 7. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. 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 regulation 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. DISCUSSION AND CONCLUSIONS: 1. Although his records were apparently destroyed, the DD Form 214 contains sufficient information to confirm the applicant's eligibility for the National Defense Service Medal. 2. With regard to the Army Good Conduct Medal, he meets the time requirements for a first award, but the absence of records makes it impossible to verify the conduct and efficiency ratings he received. However, that he rose in rank from PV2 to SGT in a little less than 2 years, had no lost time, and received an honorable characterization of service all suggest he merited the Army Good Conduct Medal. 3. The applicant does not provide, nor is there any evidence available, which can confirm the marksmanship qualification badge for which he was qualified during BCT. 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: a. Awarding the Army Good Conduct Medal for the period 10 June 1951 through 4 June 1953. b. Adding the following awards to his DD Form 214 for the period ending 4 June 1953: * Army Good Conduct Medal * National 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 a marksmanship qualification badge reflecting skill level achieved for the M-1 Rifle. ___________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) AR20150005761 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005761 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1