IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230002005 APPLICANT REQUESTS: correction of your DD Form 214, Certificate of Release or Discharge from Active Duty, to add the – * Korea Defense Service Medal * Army Achievement Medal (4th Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Infantryman Badge training/Badge * Wheeled Vehicle Mechanic School APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-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, in effect, several awards and schools were omitted from his DD Form 214. 3. The Board will not address the applicant's request for the Korea Defense Service Medal. The evidence of record is sufficient to justify administrative correction of the Applicant's DD Form 214, without action by the Board, to add this Award. 4. The applicant enlisted in the Regular Army on 22 July 1982 and held military occupational specialty 11C (Indirect Fire Infantryman). 5. His DA Form 2-1 (Personnel Qualification Record) contains the following entries and information: a. Item 5 (Overseas Service) shows he completed service in Korea from 18 April 1984 to 11 June 1985. b. Item 9 (Awards, Decorations and Campaign) lists the following awards and badges – * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), 17 August 1982 * Marksman Marksmanship Qualification Badge with Grenade Bar, 26 August 1982 * Army Service Ribbon * Army Achievement Medal (2nd Award) c. Item 17 (Civilian Education and Military Schools) lists the following military training or schools - * Indirect Fire Infantryman, 13 weeks, 1982 * Military Justice, 1984 d. Item 18 (Appointments and Reductions) shows he was reduced in rank/grade from specialist 4 (SP4)/E-4 to private first class (PFC)/E-3 on 2 January 1985. 6. Permanent Order 139-131, published by Headquarters, 2nd Armored Division, Fort Hood, TX on 1 September 1983, awarded him the Army Achievement Medal for Achievement during the period 21 May 1983 to 24 May 1983. 7. Permanent Order 34-16, published by Headquarters, 2nd Armored Division, Fort Hood, TX on 21 February 1984, awarded him the Army Achievement Medal for service during the period 11 November 1983 to 18 March 1984. 8. His record does not contain, nor did he provide evidence showing he completed the following schools/training or that he was awarded the following: * Army Achievement Medal (3rd or 4th Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Infantryman Badge training/Badge * Wheeled Vehicle Mechanic School ? 9. He was honorably discharge on 15 July 1985 after completing 2 years and 11 months of net active service. His DD Form 214 shows he was awarded or authorized the – * Army Achievement Medal (2nd Award) * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar 10. The applicant's record does not contain evidence of a court-martial conviction or any other evidence that would disqualify him from the first award of the Army Good Conduct Medal. 11. The regulatory guidance in effect at the time provided for award of personal decorations and badges, and what was required to authorize each award. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, the Board determined the record is absent sufficient evidence showing any recommendations or orders for an Army Achievement Medal (4th Award) for meritorious service. The Board found no evidence in the record to support the applicant met the criteria for the Expert Infantryman Badge training, or satisfactorily completed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Furthermore, the applicant record is void of any documentation to support he qualified as either expert marksmanship qualification badge with rifle bar (M-16) or expert marksmanship qualification badge with grenade bar. 2. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 22 July 1982 to 15 July 1985. Based on this the Board granted partial relief to correct the applicant’s record to show award of the Army Good Conduct Medal. 3. This board is not an investigative body. The Board determined despite the absence of the applicant’s military records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for an AAM (4th Award), qualification badges and additional school training. 4. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 22 July 1982 to 15 July 1985 and adding the medal to his DD Form 214 for the period ending 15 July 1985. 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 award of Army Achievement Medal (4th Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Expert Infantryman Badge training/Badge and the Wheeled Vehicle Mechanic School. 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 is authorized additional awards not annotated on his DD Form 214 for the period ending 15 July 1985. As a result, amend his DD Form 214 by adding the Korea Defense Service Medal. REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) a. The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty. e. The qualification badge is awarded to indicate the degree; Expert, Sharpshooter, and Marksman, to 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. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, provided the following guidance for completing block 14 (Military Education) of the DD Form 214: List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed; e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. Command and General Staff and Senior service Colleges, Senior Warrant Officer course, and SGM Academy Non-resident course may be included when successfully completed by correspondence. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. List entries as prescribed in paragraph 2-7b and see figure 2-1, block 14, for example of entries. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002005 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1