IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019267 


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 that he be awarded the National Defense Service Medal and any other ribbons for which he might be authorized.

2.  The applicant states, in effect, he was not awarded the National Defense Service Medal for his service in from October 1961 through October 1964.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

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 served on active duty from 26 October 1961 through 23 October 1964 with service in Greenland from 26 March 1962 through 24 March 1963.

3.  United States Army Training Center Special Orders Number 254, dated 9 December 1961, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  Field Artillery Missile Training Command Special Orders Number 28, dated 14 February 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant's DD Form 214 lists his awards as the Expert [Marksmanship Qualification Badge] with Rifle Bar, Good Conduct Medal, and the Driver [and Mechanics] Badge with Operator-S Bar.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a period for which the National Defense Service Medal was authorized.  It is appropriate to award him this medal.

2.  The applicant's award of the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-1 rifle was not included on his DD Form 214.  It is appropriate to correct this error.

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 showing that, in addition to the awards currently shown on the DD Form 214, the applicant is also awarded the National Defense Service Medal and the 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.



ABCMR Record of Proceedings (cont)                                         AR20100019267





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ABCMR Record of Proceedings (cont)                                         AR20100019267



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