IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150003331 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: a. Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) vice the Marksman Marksmanship Qualification Badge (M-16). b. His DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)) be added to his official military personnel file (OMPF). 2. The applicant states the Army Achievement Medal is missing from his DD Form 214 and the marksmanship badge that is shown was from basic training. The qualification of expert was a prerequisite for the Precision Marksmanship Course and he scored expert. 3. The applicant provides his DD Form 214, orders, DA Form 348, and DA Form 3595 (Record Fire Scorecard). 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 September 1988 and he held military occupational specialty 11B (Infantryman). He served in Korea from 29 January 1989 to 26 January 1990 and in Southwest Asia from 15 September 1990 to 10 April 1991. 3. He provides: a. A DA Form 348 with entries dated between 20 June 1989 and 16 May 1990 documenting his training and qualification on various Army vehicles and/or equipment. b. Permanent Order 3-09, dated 5 January 1990, issued by Headquarters, 2nd Infantry Division, Korea, awarding him the Army Achievement Medal. c. A DA Form 3595 dated 21 November 1991, wherein it shows he qualified as expert with the M-16 rifle on that date. 4. He was honorably released from active duty on 3 January 1992 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * Overseas Service Ribbon * Army Service Ribbon * Army Lapel Button * Marksmanship Badge M-16 * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar * National Defense Service Medal * Parachutist Badge * Air Assault Badge * Southwest Asia Service Medal with 2 bronze service stars * Combat Infantryman Badge 5. His record is void of the DA Form 348 that he provided. 6. Army Regulation 25-400-2 (The Modern Army Recordkeeping System (MARKS)), then in effect, prescribed the filing and retention of documents/forms. It stated the DA Form 348 would be retained in a service member's OMPF as a permanent record while he was serving on active duty. 7. Army Regulation 600-8-104 (Army Military Human Resource Record Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table B-1 (Authorized documents), updated on 27 August 2015, shows the DA Form 348 is filed in a Soldier's OMPF only for deployment and with the mobilization packet. 8. Army Regulation 600-8-22 (Military Awards) states the: a. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. Kuwait Liberation Medal-Saudi Arabia, awarded by the Kingdom of Saudi Arabia, was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. Kuwait Liberation Medal-Kuwait, awarded by the Government of Kuwait, was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. DISCUSSION AND CONCLUSIONS: 1. The applicant provides orders that show he was awarded the Army Achievement Medal which is not shown on his DD Form 214. He meets the criteria for correction of his DD Form 214 to show this award. 2. He provides evidence that confirms he fired as expert with the M-16 rifle on 21 November 1991 and meets the criteria for correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with rifle bar. 3. He served in Korea during a qualifying period of service for award of the Korea Defense Service Medal; he also served in Southwest Asia during a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait. 4. With respect to the filing of his DA Form 348, governing regulations state this form was maintained in a Soldier's OMPF while he was serving on active duty or during deployment/mobilization. There are no provisions to add the document to a Soldier's OMPF well over 20 years after he was released from active duty. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: amending his DD Form 214 by: * deleting the “Marksmanship Badge M-16” * adding the Army Achievement Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The Board further determined that the evidence presented was 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 his DA Form 348 to his OMPF. _______ _ __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) AR20150003331 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1