ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2019 DOCKET NUMBER: AR20190005911 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal * Korea Defense Service Medal * Kuwait Liberation Medal-Kuwait * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (9 mm) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 5 March 2019 * DA Form 638 (Recommendation for Award), dated 19 May 1992 * DA Form 4980-14 (Army Commendation Medal Certificate), dated 19 May 1992 * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Form 214 for the period ending 11 July 1992 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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: a. His Army Commendation Medal awarded on 19 May 1992 is omitted from his DD Form 214. His approved DA Form 638, dated 5 May 1992, shows COL M____ approved this award and noted he "qualified expert with both [the] 9 mm pistol and M-16 rifle." b. His weapons qualification level for the M-16 rifle and 9 mm pistol should be expert. c. He qualified for the Korea Defense Service Medal and the Kuwait Liberation Medal and both medals should be added to his DD Form 214. 3. The applicant's request for the addition of the Army Commendation Medal, Korea Defense Service Medal, and Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia to his DD Form 214 for the period ending 11 July 1992 is supported by sufficient evidence in his record, therefore, these awards will be administratively corrected on his DD Form 214 and not discussed further in these Record of Proceedings. 4. The Board will consider his request for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Pistol Bar (9 mm). 5. The applicant enlisted in the Regular Army on 12 July 1988. 6. He provided a copy of his DA Form 638, dated 19 May 1992, that shows in part, the entry, "He qualified expert with both 9 mm Pistol and M16A1 rifle." 7. Item 9 (Awards, Decorations, and Campaigns) of the DA Form 2-1 shows, in part, he was awarded the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 12 August 1988 * Marksman Marksmanship Qualification Badge with Pistol Bar (9 mm) on 26 September 1988 9. The applicant's available records are void of orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Pistol Bar (9 mm). 9. On 11 July 1992, he was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was awarded or authorized the: * Army Achievement Medal Third Oak Leaf Cluster * Army Lapel Button * Army Service Ribbon * Army Good Conduct Medal * Humanitarian Service Medal * Kuwait Liberation Medal * National Defense Service Medal * Overseas Service Ribbon with Numeral 1 * Southwest Asia Service Medal with two bronze service stars * Driver and Mechanic Badge * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Bar with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the evidence in the records that support correction of his DD Form 214 to add the ARCOM, KDSM, and KLM-K and determined that the DA Form 638 provided was sufficient evidence to add the Expert Marksmanship Qualification Badges for both the Rifle (M-16) and Pistol (9 mm). 2. After reviewing the application and all supporting documents, the Board found the relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections in the Administrative Note(s) annotated below the signature, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 11 July 1992 by: - deleting the Marksman Marksmanship Qualification Bar with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; - adding the Expert Marksmanship Badge with Rifle Bar (M-16) and Expert Marksmanship Badge with Pistol Bar (9MM). 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): A review of the applicant's records shows he served in Korea from 5 December 1989 to 4 December 1989 and in Southwest Asia from 7 October 1990 to 28 March 1991. He was awarded or authorized the following awards: Army Commendation Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal- Saudi Arabia. His DD Form 214 shows he was awarded the Kuwait Liberation Medal without country distinction. His DD Form 214 should be amended by: a. deleting award of the Kuwait Liberation Medal and b. adding award of Army Commendation Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia. REFERENCES: 1. Title 10, U. S. Code, 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 that marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 3. Army Regulation 635-5, in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distribution the DD Form 214. In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), it stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. ABCMR Record of Proceedings (cont) AR20190005911 5 1