BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160019762 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160019762 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 adding to his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (.30 Caliber) and the National Defense Service Medal. 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 award of the Army Good Conduct Medal. _____________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: 10 August 2017 DOCKET NUMBER: AR20160019762 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, the spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (.30 Caliber). 2. The applicant states she believes the FSM's records are erroneous. The FSM served honorably for the period 2 September 1963 through 30 April 1968 and the above mentioned awards are not listed on his DD Form 214. 3. The applicant provides: * front page of Special Orders Number 263 * a letter * 3 pages of DA Form 20 (Enlisted Qualification Record) * Special Orders Number 112 * Contact Brief * 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 FSM enlisted for a six year term of service in the U.S. Army Reserve (USAR) on 21 May 1962. 3. The FSM was ordered to active duty training (ACDUTRA) on 11 August 1962. 4. Special Orders Number 174 issued by Headquarters, 3d Training Regiment on 24 September 1962 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 5. Special Orders Number 263 issued by Headquarters, 1st Training Regiment on 23 November 1962 awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (.30 Caliber). 6. He was honorably released to the USAR on 9 February 1963. The DD Form 214 he was issued shows he completed 5 months and 29 days of total active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he received any awards or decorations. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 to 27 July 1954, 1 January 1961 to 14 August 1974, 2 August 1990 to 30 November 1995, and 11 September 2001 and a date to be determined. For the period 1 January 1961 to 14 August 1974, USAR Soldiers on short tours of duty to fulfill training obligations under an inactive duty training program are not eligible. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years completed on or after 27 August 1940 * For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty DISCUSSION: 1. Special orders awarded the FSM the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (.30 Caliber). 2. Based upon his period of ACDUTRA, it appears he is eligible for the National Defense Service Medal. * he served during a period when the award was authorized * he was on ACDUTRA for a period of over 5 months * while a USAR Soldier, his active service does not fall under the regulatory restrictions with regard to short tours of duty for inactive duty training programs 3. The governing regulation states for a first award of the Army Good Conduct Medal, upon termination of service, on or after 27 June 1950, the FSM had to have performed at least 1 year of continuous active Federal service. Unfortunately, this is not the case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019762 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019762 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2