ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20180005496 APPLICANT REQUESTS: issuance of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 26 March 1970 to show in: * Item 1 (Last Name-First Name-Middle Name) – his middle name as P, and his last name as P * Item 3 (Social Security Number (SSN)) – * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal (NDSM) and the Armed Forces Reserve Medal (AFRM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 26 March 1970 * DD Form 214, ending on 15 December 1970 * Headquarters, First United States Army, Fort Meade, MD, Special Orders Number 056, dated 25 February 1973 * Code of Federal Regulations for the NDSM 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 (ABCMR) 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, that - a. He never received his marksmanship badge and his DD Form 214 contains typographical errors related to his name and SSN. Specifically, his middle name is P, and his last name is missing an "L." b. While serving in the U.S. Army Reserve (USAR), he was ordered to active duty for a period of 3 days during the U.S. Postal Strike. 3. The Board will not consider the following portions of the applicant's request, as these items will be addressed through administrative correction: * correct spelling of his name * correct SSN * NDSM 4. The applicant enlisted in the USAR on 18 November 1969. 5. On 23 March 1970, in response to a U.S. Postal Strike, President Nixon signed an Executive Order and the National Emergency Proclamation, ordering Army National Guard (ARNG) and USAR units to active duty. 6. The applicant was ordered to active duty on 24 March 1970 at Fort Hamilton, NY, by Letter Orders A-03-01, published by the 310th Military Police Battalion (Army), dated 24 March 1970. 7. He was released from active duty on 26 March 1970 and issued an abbreviated DD Form 214 in accordance with U. S. Code, Title 10, Section 673a. His DD Form 214 shows he completed 3 days of active duty; however, does not list any awards for this period of service. 8. He subsequently completed Active Duty Training from 29 July 1970 through 15 December 1970. The DD Form 214 he was issued for this period shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 9. On 15 February 1973, he was discharged from the USAR. 10. The issuance of replacement medals/badges is a function of the National Personnel Records Center, St Louis, MO. 11. By regulation, the AFRM is awarded for honorable service as a member of one or more of the Reserve Components for a period of 10 years and requires that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years. On or after 1 August 1990, the AFRM is authorized for members of the Reserve Components called to active duty in support of U.S. military operations or contingencies designated by the Secretary of Defense. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board concluded the applicant is not authorized the AFRM. The Board found no evidence confirming he met the criteria for award of the AFRM based on length of service, and his mobilization occurred many years before the AFRM was authorized for mobilized service. 2. The Board concurred with the corrections addressed in Administrative Note(s) below. The Board further advised that the applicant should contact the National Personnel Records Center at the address provided in References below to request issue of his Marksmanship Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections described in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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): 1. The following orders and regulatory cites are sufficient to make administrative corrections the applicant's DD Form 214 for the period ending on 26 March 1970 without action by the Board: * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 18 November 1969 * Letter Orders A-03-01, published by Company B, 310th Military Police Battalion (Army), Fort Hamilton, NY, dated 24 March 1970, ordered his USAR unit to active duty * Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 June 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. 2. Correct the applicant's DD Form 214 by: * deleting the entry in item 1 and adding the name "" as listed on his DD Form 4, dated 18 November 1969 * deleting the entry in item 3 and adding the entry "," as shown on his DD Form 4, dated 18 November 1969 * adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the NDSM 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 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 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including U.S. Coast Guard Reserve and the U.S. Marine Corps Reserve, for a period of 10 years under the following conditions: * Such years of service must have been performed within a period of 12 consecutive years * For service performed after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points On or after 1 August 1990, the AFRM is authorized for members of the Reserve Components called to active duty in support of U.S. military operations or contingencies designated by the Secretary of Defense. 3. Replacement service medals and awards are issued by National Personnel Records Center (NPRC). Request should be forwarded to: NPRC, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005496 4 1