IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004228 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 1997 DD Form 214 to show two National Defense Service Medals, the Expert Marksmanship Qualification Badge with Pistol and Machine Gun Bars, and the Idaho Emergency Duty Ribbon. 2. The applicant states all of the above awards are shown on his NGB Form 22 (Report of Separation and Record of Service) but not on his DD Form 214. He needs his DD Form 214 corrected so he can attain eligibility for Veterans? employment preference. 3. The applicant provides copies of his NGB 22, a certificate of training, and his 1997 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 applicant served on active duty in the Regular Army from 17 January 1978 through 16 January 1981. His DD Form 214 for this period lists his awards as the Driver and Mechanic Badge with Driver-W Bar and the Expert Marksmanship Qualification Badge with Rifle Bar. (It is noted the Army Good Conduct Medal is handwritten on this separation document.) 3. The applicant enlisted in the Idaho Army National Guard (IDARNG) on 7 June 1982 and served on active duty in an Active Guard/Reserve status from 28 May 1985 through 31 May 1997. 4. The certificate of training shows the applicant completed M-60 machine gun qualification training as a first class gunner. The date of this award is shown on his DA Form 2-1 (Personnel Qualification Record – Part II) as 8 September 1984. 5. On 2 November 1995, the IDARNG awarded the applicant the Armed Forces Reserve Medal with bronze hourglass for the period 7 June 1982 through 6 June 1992. 6. The available DA Form 2-1 – Part II lists the applicant's awards as the Driver and Mechanic Badge [with Driver–W Bar], Army Achievement Medal (1st – 4th Awards), Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Army Service Ribbon, Army Good Conduct Medal (4th Award), Reserve Components Overseas Training Ribbon, Armed Forces Reserve Medal, 1st Class (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar with a qualification date of 7 October 1995. 7. His DD Form 214 for the period ending on 31 May 1997 lists his awards as the Meritorious Service Medal, Army Achievement Medal (4th Award), Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Army Service Ribbon, Army Good Conduct Medal (4th Award), Army Reserve Components Overseas Training Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with Driver–W Bar. 8. The IDARNG placed the applicant on the Retired Reserve List effective with his date of discharge from active duty. His NGB Form 22 lists his awards as the National Defense Service Medal (2nd Award), Army Service Ribbon, Army Achievement Medal (4th Award), Army Good Conduct Medal (4th Award), Army Reserve Components Overseas Training Ribbon, Armed Forces Reserve Medal, Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Idaho National Guard Service Ribbon (3rd Award), Idaho National Guard Reenlistment Military Ribbon (5th Award) and the Idaho National Guard Emergency Duty Military Ribbon. 9. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. To signify receipt of a second or subsequent award of the National Defense Service Medal, a service star will be worn on the service ribbon by U.S. Army personnel so qualified. A second or third award of the NDSM is authorized for Soldiers who served in more than one of the four time periods listed. b. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. c. The ten-year-device is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period as follows: (1) A bronze hourglass upon completion of the first 10-year period. (2) A silver hourglass upon completion of the second 10-year period. (3) A gold hourglass upon completion of the third 10-year period award. 10. Army Regulation 635-5 (Separation Documents) prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and stated that all awards and decorations for all periods of service were to be listed in priority sequence as shown in Army Regulation 600-8-22 and abbreviations are not to be used. DISCUSSION AND CONCLUSIONS: 1. The Idaho National Guard Service Ribbon (3rd Award), Idaho National Guard Reenlistment Military Ribbon (5th Award), and the Idaho National Guard Emergency Duty Military Ribbon are awards issued by the IDARNG and are not awards issued by the Department of the Army. Only awards authorized under Army Regulation 600-8-22 are included on a DD Form 214. 2. The applicant has not provided and the record does not contain any evidence that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar or the Expert Marksmanship Qualification Badge with Machine Gun Bar. 3. The training certificate provided by the applicant does shows qualification on the machine gun as a 1st Class Gunner in September 1984 and again in October 1995. The associated badge for this qualification level is sharpshooter, and this qualification is noted on his DA Form 2-1 – Part II. The applicant's 1997 DD Form 214 does not include this award. 4. The NGB Form 22 shows award of two National Defense Service Medals while the 1997 DD Form 214 does not show this award at all. 5. The applicant is authorized award of the National Defense Service Medal for his period of service during the period from 2 August 1990 through 30 November 1995. Based on his periods of service, he served during a single award eligibility period. 6. The applicant's award of the Armed Forces Reserve Medal with bronze hourglass was omitted from his 1997 DD Form 214. 7. Since the NGB Form 22 is a State generated document, any discrepancies or correction to that document should be addressed to the Idaho Adjutant General's Office. 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 showing on the DD Form 214 for the period ending on 31 May 1997, the applicant's awards also include the National Defense Service Medal, Armed Forces Reserve Medal with bronze hourglass, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar. 2. The Board further determined that 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 including a second National Defense Service Medal, his IDARNG State awards, and the Expert Marksmanship Qualification Badge with Pistol and Machine Gun Bars. __________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) AR20150004228 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004228 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1