PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002076791


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. Troup		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Pistol Bar and an unspecified ribbon. He also requests that his records be corrected to show his middle name as “_ _ler”, to show his height as “5 feet and 11 inches” and to show his weight as “135.”

3. The applicant states that the person typing the DD Form 214 made “typo’s” and omitted a few things. In support of his application, he submitted a copy of his Social Security Card, a marksmanship qualification badge with pistol bar, a Good Conduct Medal (ribbon and medal), a letter from the National Personnel Records Center, dated 10 July 2002, his letter to the National Personnel Records Center, dated 26 June 2002, a Standard Form 180 (Request Pertaining to Military Records) and his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 31 January 1963 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 12B (combat engineer). The applicant was honorably released from active duty on 19 November 1965 in the rank of specialist five.

5. The applicant’s DD Form 214 does not show the Good Conduct Medal as an authorized award.

6. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7. The applicant’s DD Form 214 does not show the Expert Marksmanship Qualification Badge with Pistol Bar as an authorized award. His discharge document shows entitlement to the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

8. There are no orders in the applicant’s personnel records which show he was awarded the Expert Marksmanship Qualification Badge for qualifying with the pistol. His DA Form 20 (Enlisted Qualification Record) shows he qualified as a Sharpshooter with the M-14 Rifle. There is no evidence available to the Board which shows he qualified as Expert with the Pistol.

9. The Board noted that the applicant is entitled to award of the National Defense Service Medal which is not shown on his discharge document. Records show he honorably served on active duty from 31 January 1963 through 19 November 1965.
10. Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD Form 214 shows his middle name as “_ _LEN.”

11. The applicant provided a copy of his social security card which shows his middle name as “_ _ler.”

12. The applicant’s Enlistment Record (DD Form 4) shows his middle name as “_ _ler” in Section 41 (Oath of Enlistment).

13. Item 7e (Height) on the applicant’s DD Form 214 shows his height as 5 feet and 9 inches. His DA Form 20 shows his height as 5 feet and 8 inches.

14. The applicant’s service personnel records contain a Report of Medical Examination prepared on 5 October 1965 just prior to his separation from the Army. This document shows his height as “69” inches [5 feet and 9 inches]. There is no evidence available to the Board which shows his height as 5 feet and 11 inches.

15. The applicant’s DD Form 214 shows his weight as “145” in item 7f (Weight). His Report of Medical Examination, dated 5 October 1965, shows his weight
as “140”.

16. Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified.

17. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is 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 the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

18. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the soldier’s name, height, and weight will be entered in the appropriate item at the time of separation.

19. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal for the period 31 January 1963 through 19 November 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show the Good Conduct Medal.

2. The Board noted the applicant’s request for award of the Expert Marksmanship Qualification Badge with Pistol Bar. However, there is no evidence of record which shows the applicant qualified as Expert with the Pistol. Therefore, there is no basis for awarding him the Expert Marksmanship Qualification Badge with Pistol Bar.

3. Based on the applicant’s dates of honorable service from 31 January 1963 through 19 November 1965, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

4. Evidence available to the Board shows the applicant’s middle name as
“_ _ ler.” However, at the time of his separation from the service, his DD Form 214 incorrectly shows his middle name as “_ _ len.” Therefore, the Board determined that it would be appropriate to correct this administrative error and amend the applicant’s DD Form 214 to show his middle name as “_ _ler.”

5. The Board considered the applicant’s request to correct his records to show his height as 5 feet and 11 inches. However, evidence of record available to the Board shows his height as 5 feet and 9 inches at the time of his separation. Therefore, there is no basis for correcting his DD Form 214 to show his height as 5 feet and 11 inches.

6. The Board also considered the applicant’s request to correct his records to show his weight as “135.” However, evidence of record available to the Board shows the applicant’s weight as “145” at the time of his separation. Therefore, there is no basis for correcting his records to show his weight as “135.”

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:
a. by showing the individual concerned was awarded the Good Conduct Medal and the National Defense Service Medal; and

b. by amending item 1 (Last Name – First Name – Middle Name) on his DD Form 214 to show his middle name as “_ _ler.”

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

RVO_____ AAO____ MJT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076791
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030116
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.