ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20170018096 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his rank/grade as specialist four (SP4)/E-4. * Qualification with the M-16 rifle * Medals or certificates for his service in a combat zone APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD 214 * 5 photographs FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he was promoted to SP4/E-4 a few months before his expiration term of service and SP4 rank is shown in photographs of his Class A uniform. He further claims he qualified with the M-16 rifle upon his arrival in Korea and never received any medals or certificates for his service in a combat zone. 3. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. The National Personnel Records Center (NPRC) will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. 4. Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html, via fax (314-801-9195), by letter, or by completing a Standard Form 180 (Request Pertaining to Military Records) which is available for download at the same website. At a minimum, all requests must include a copy of his separation or discharge paperwork and any other supporting documentation to substantiate your request and be signed and dated. 5. The applicant was inducted into the Army of the United States on 12 February 1969. 6. His DA Form 20 (Enlisted Qualification Record), last audited on 3 March 1970, shows he: * did not qualify with the M-16 rifle * served in Korea from 1 March 1970 to 4 February 1971 * was promoted to private first class (PFC)/E-3 on 12 August 1969 * served as a Cook's Helper while stationed in Korea * had excellent conduct and efficiency throughout his service * was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal – Korea, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. Special Orders Number 155 issued by Headquarters, 2nd Infantry Division on 4 June 1970 promoted the applicant to the rank/grade of SP4/E-4 effective 5 May 1970. 8. Special Orders Number 37 issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 6 February 1971 released the applicant from active duty in the rank/grade of SP4/E-4. 9. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (AGCM); neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 10. The applicant was honorably released from active duty on 6 February 1971. The DD Form 214 he was issued lists his rank/grade as PFC/E-3. He was awarded or authorized the: * National Defense Service Medal * Armed Forces Expeditionary Medal (AFEM) - (Korea) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 11. He provides photographs of his Class A uniform that shows his rank as SP4. 12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to list the rank and pay grade held upon separation in items 5a (Grade, Rate or Rank) and 5b (Pay Grade). It also identified the DA Form 20, orders, and documents in the record as the source records for these entries. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the evidence presented along with the application and that found within the military service record, the Board concluded that the rank of the applicant, as well as additional awards outlined in the administrative notes below should be added to his DD Form 214. Additionally, based upon the service record of the applicant, the Board concluded awarding and adding the Army Good Conduct Medal to the applicant’s DD Form 214 was appropriate. However, the Board also found no evidence to show that the applicant ever qualified with an M16 rifle during his military service. For that reason, the Board recommended denying that portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * changing Item 5a to read: “SPC” * changing Item 5b to read: “E-4” * changing Item 6 to read: “5 MAY 70” * awarding and adding the Army Good Conduct 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 the Marksmanship Qualification Badge with Rifle Bar. 3. Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommend those changes also be made to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): Correct the applicant's DD Form 214 by adding the Korea Defense Medal (KDSM) to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, based on the following: a. Army Regulation 600-8-22 (Military Awards) states Servicemembers who qualified for the AFEM by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal (KDSM) was subsequently authorized, are eligible for both the AFEM and KDSM. Award of the KDSM for this time period is a one-time exception to policy to Title 10 U.S. Code. b. The applicant was awarded the AFEM for service in Korea and he served in Korea from 1 March 1970 to 4 February 1971; a period authorized for award of the KDSM. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to list the rank and pay grade held upon separation in items 5a (Grade, Rate or Rank) and 5b (Pay Grade). It also identified the DA Form 20, orders, and documents in the record as the source records for these entries. 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. 4. Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. ABCMR Record of Proceedings (cont) AR20170018096 4 1