BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001632 BOARD VOTE: ___x______ __x_____ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001632 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding the following awards to his DD Form 214: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Carbine Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) __________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. BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001632 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 National Defense Service Medal. 2. The applicant states he believes the absence of the NDSM from his DD Form 214 is the result of a clerical error. 3. The applicant provides: * DD Form 214 * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim) * State of Illinois Department of Veterans Affairs claim form * Internet article describing the NDSM 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 6 August 1959. 3. His DA Form 24 (Service Record) shows in: a. Section 4 (Chronological Record of Military Service), he was assigned to Battery E, 2d Howitzer Battalion, 19th Artillery, redesignated as Headquarters Battery, 5th Howitzer Battalion, 82d Artillery from 28 June 1960 through 21 June 1961; b. Section 5 (Service Outside Continental United States), he served in Korea from 24 June 1960 through 22 June 1961; c. Section 7 (Combat Record), no evidence he participated in any battles or campaigns. d. Section 9 (Medals, Decorations, and Citations), he was awarded the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Sharpshooter Marksmanship Qualification Badge with Carbine Bar * Army Good Conduct Medal (1st Award) 4. He was honorably released from active duty on 3 August 1962. His DD Form 214 shows he was awarded the Army Good Conduct Medal. 5. His records contain a DD Form 215 (Correction to DD Form 214), dated 28 August 2013, which shows his DD Form 214 was corrected to show award of the Korea Defense Service Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: 1. The applicant served a qualifying period for award of the National Defense Service Medal. His DD Form 214 does not show this award. 2. His records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Sharpshooter Marksman Qualification Badge with Carbine Bar. His DD Form 214 does not show these badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001632 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2