IN THE CASE OF: BOARD DATE: DOCKET NUMBER: 20150017146 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 IN THE CASE OF: BOARD DATE: DOCKET NUMBER: 20150017146 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: a. deleting the Sharpshooter Badge (Rifle) from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and b. adding to his DD Form 214 the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 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 any relief in excess of that described above. __________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. IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: 20150017146 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards to which he is entitled. 2. The applicant states, in effect: a. His DD Form 214 only lists the Sharpshooter Badge (Rifle). He claims he qualified as a sharpshooter or expert with several weapons, which are not listed. In addition, from 12 February to 9 April 1965, his company (Company A, 1st Battalion, 3rd Training Brigade) was awarded the Commanding General's Award for the Cycle. b. Once a cycle was completed, they were moved on to the next phase of training without delay. There were graduation ceremonies, but not everyone received the awards they were due. He was reassigned to another post before the final awards were presented, so possibly the records for these awards were not confirmed since he never received them. At Fort Sam Houston, he was assigned to duty almost from the time he arrived until he was released in August 1965. He did receive time off to recover from surgery, but as soon as he was fit, he reported for work assignment. He believes he served on active duty for more than 180 days. c. He believes he is eligible for the Honorable Discharge Commemorative Medal, National Defense Medal, American Defense Service Commemorative Medal, Armed Forces of the United States Honorable Service Commemorative Medal, United States Army Commemorative Medal, National Guard and Reserve Service Commemorative Medal, Armed Forces Expert Marksman Commemorative Medal, and the Cold War Victory Commemorative Medal. However, Congress did not approve most commemorative medals until his discharge. d. Although he does not have orders for the following weapons, his service record shows his conduct and efficiency was rated as excellent in each of the units he was assigned. He claims as an infantryman he had to qualify with these weapons in order to advance to Company F, where he was assigned as a squad leader and promoted to acting E-4. Therefore, he feels correction should be made to his DD Form 214 to show he qualified as: * Expert M-6 Bayonet * Expert Hand Grenade * Expert Hand to Hand Combat * Sharpshooter .45 Caliber Pistol * Expert M-79 Grenade Launcher * Expert .50 Caliber Machine Gun * Sharpshooter 81mm Mortar * Expert M-20 3.5 inch Rocket Launcher 3. The applicant provides: * DD Form 214 * page 1 of DA Form 24 (Service Record) * DD Form 256A (Honorable Discharge) * Special Orders Number 224 * Certificate of Recognition * Special Orders Number 21 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. On 2 June 1964, the applicant enlisted in the Army National Guard of Washington. 3. As a member of the Army National Guard of the United States, the applicant was ordered to and simultaneously entered active duty training on 29 November 1964, for a period of 6 months in the rank/grade of private (PV2)/E-2. He completed training and he was awarded military occupational specialty 112.00 (Infantry Indirect Fire Crewman). 4. Special Orders Number 21, issued by Headquarters, Fort Polk, Fort Polk, LA, on 26 January 1965, shows the applicant qualified as a sharpshooter with the M-14 rifle. 5. On 28 May 1965, the applicant was honorably released from active duty in the rank/grade of PV2/E-2 and returned to State control as a member of the Army National Guard of Washington to complete his remaining 5 year service obligation. His DD Form 214 shows he was awarded or authorized the Sharpshooter Badge (Rifle). 6. The applicant's record does not contain any evidence to show he received additional training, accolades, or awards during the period of his active duty service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. 2. Army Regulation 600-8-22 also sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. a. Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. b. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. 3. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they are not shown on a discharge document. DISCUSSION: 1. The applicant served a qualifying period of service for award of the National Defense Service Medal. His DD Form 214 does not reflect this award. 2. Orders verify he qualified as a sharpshooter with the M-14 Rifle. However, there is no evidence in the form of firing records, special orders, disposition forms, memoranda, or entry on personnel records that shows he qualified as an expert or sharpshooter with any additional weapons. 3. The applicant requests award of numerous commemorative medals. The Army does not award commemorative medals and they are not reflected on discharge documents. //NOTHING FOLLOWS// ABCMR Record of Proceedings 20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) 20150017146 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) 20150017146 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2