IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006895 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 the following corrections to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 19 June 1974: * add the Army Commendation Medal * delete the Sharpshooter Marksmanship Qualification Badge with Rifle Bar * add the Expert Marksmanship Qualification Badge with Rifle Bar 2. The applicant states when applying for benefits from the Department of Veterans Affairs in 2013 he noticed that his marksmanship medal was incorrectly shown on his DD Form 214. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and wore that badge the entire time he was on active duty. He also noticed his award of the Army Commendation Medal was not shown on his DD Form 214. 3. The applicant provides: * a Certificate of Training Achievement from the Army Training Center, Fort Ord, CA, dated 13 August 1974 * U.S. Army Intelligence and Security Command, Arlington, VA, Permanent Orders 73-2, dated 7 October 1977 * 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. On 1 May 1974 he enlisted in the U.S. Army Reserve (USAR) Delay Entry Program (DEP) at Oklahoma City, OK. 3. On 19 June 1974 he enlisted in the Regular Army for 3 years. He entered active duty at Oklahoma City, OK. 4. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) contains an entry indicating he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 1 June 1974. 5. The applicant provided a Certificate of Training Achievement from Army Training Center, Fort Ord, a copy of which is also contained in his Military Personnel Records Jacket (MPRJ), that states he attained a higher score than any other member of his unit on the basic rifle marksmanship course, scoring 89 out of a possible 100 points. 6. On 18 August 1977 he was released from active duty. He completed 3 years and 2 months of active duty that was characterized as honorable. His DD Form 214 does not show he was awarded the Army Commendation Medal. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 7. The applicant provided U.S. Army Intelligence and Security Command, Arlington, VA, Permanent Orders 73-2, dated 7 October 1977, a copy of which is also contained in his MPRJ, awarding him the Army Commendation Medal for meritorious service from 29 October 1975 to 15 August 1977. 8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The orders awarding the applicant the Army Commendation Medal were issued after he was released from active duty. It would now be appropriate to add the Army Commendation Medal to his DD Form 214. 2. Based on the date, 1 June 1974, shown on his DA Form 2-1 for the award of the Sharpshooter Marksmanship Qualification Badge the applicant was still in the DEP and had not entered on active duty. 3. The applicant contends he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and wore this badge throughout his period of active service. He provides his certificate from the Basic Rifle Marksmanship Course showing he scored 89 out of a possible 100 points. It appears this would constitute an expert score and that his marksmanship badge on his DD Form 214 should be corrected. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 18 August 1977 by: * deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar * adding the – * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle 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) AR20150006895 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006895 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1