BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002479 BOARD VOTE: _____x____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002479 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. deleting the Expert Marksmanship Qualification Badge with Rifle Bar from his DD Form 214 and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber) _____________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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002479 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 add the Army Good Conduct Medal (AGCM) and any other authorized awards. 2. The applicant states he received an AGCM order on the day of his discharge, but it was never added to his DD Form 214. 3. The applicant provides Headquarters, 2d Armored Division, General Order Number 1010, dated 28 July 1971. 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 20 August 1968. 3. Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, Special Orders Number 292, dated 18 October 1968, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. Headquarters, 2d Armored Division, Fort Hood, TX, Special Orders Number 161, dated 10 June 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 5. Headquarters 2d Armored Division, General Order Number 1010, dated 28 July 1971, awarded him the Army Good Conduct Medal for the period 20 August 1968 through 19 August 1971. 6. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in Korea during the period 6 February 1969 through 5 March 1970. 7. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal (AFEM), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 8. He was honorably released from active duty on 19 August 1971. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal (AFEM) (Korea), and Expert Marksmanship Qualification Badge with Rifle Bar (weapon unspecified). REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria for the Korea Defense Service Medal (KDSM), authorized by section 543 of the National Defense Authorization Act of 2003. The KDSM 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet certain other criteria. Service members who qualified for the AFEM by reasons of service between 1 October 1966 and 30 June 1974 in an area for which the KDSM was authorized subsequently are eligible for both the AFEM and the KDSM. Award of the KDSM for this time period is a one-time exception to policy to comply with section 543, National Defense Authorization Act of 2003. DISCUSSION: 1. Headquarters 2d Armored Division, General Order Number 1010, dated 28 July 1971, awarded him the AGCM for the period 20 August 1968 through 19 August 1971. The AGCM is not listed on his DD Form 214. 2. The applicant served in Korea from 6 February 1969 through 5 March 1970. He met the eligibility criteria for both the KDSM and the AFEM. The KDSM is not listed on his DD Form 214. 3. His records show he was awarded the following marksmanship qualification badges which are not listed on his DD Form 214: * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber) //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002479 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2