IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010294 


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 reflect his awards of the Army Good Conduct Medal (AGCM) and Expert Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars.

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides copies of orders awarding him the AGCM and Expert Marksmanship Qualification Badge with Rifle Bar.

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 was inducted into the Army of the United States on 1 March 1966.  He completed basic and advanced individual training as a light weapons infantryman at Fort Hood, Texas, and was transferred to Germany on 21 July 1966.

3.  He departed Germany on 9 February 1968 and was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 10 February 1968 as an overseas returnee.  He completed 1 year, 11 months, and 10 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal.

4.  A review of his official records confirms he was awarded the AGCM and the Expert Marksmanship Qualification Badge with Rifle Bar; however, there are no orders or entries indicating he qualified with the M79 grenade launcher or any other 40-millimeter launchers.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that information contained on the DD Form 214 will be obtained from official documents contained in official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have partial merit. 
The applicant was awarded the AGCM and Expert Marksmanship Qualification Badge with Rifle Bar; however, they were omitted from his DD Form 214 through an administrative oversight.

2.  Accordingly, they should be added to his DD Form 214 at this time.

3.  However, there is no evidence to show the applicant qualified with the M79 grenade launcher.  In the absence of such evidence, there appears to be no basis to add the Expert Marksmanship Qualification Badge with Grenade Launcher Bar to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 awards of the AGCM and Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.

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 adding award of the Expert Marksmanship Qualification Badge with Grenade Launcher Bar to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110010294



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ABCMR Record of Proceedings (cont)                                         AR20110010294



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