RECORD OF PROCEEDINGS


      IN THE CASE OF:
                            AKA:


      BOARD DATE:           24 February 2004
      DOCKET NUMBER:   AR2003091563


      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             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond V. O’Connor           |     |Chairperson          |
|     |Ms. Margaret V. Thompson          |     |Member               |
|     |Mr. Lawrence Foster               |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award
of the Expert Marksmanship Badge with Rifle Bar and a “Unit Citation for
the 2d Armored Division.”  He further requests information regarding a
“service medal for being in Germany” and asks if he was ever in an
“occupied area?”

2.  The applicant states that he would like to join the Veterans of Foreign
Wars (VFW) and that upon his discharge, a “clerk typed mistake and didn’t
want to re-due.”  He comments that “we were put on SITCOM 6 alert and 2
days later we were in Germany.  2 weeks after that there was a cease fire
declared in Vietnam in December 1973!”

3.  The applicant does not provide any documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 28
November 1973.  The application submitted in this case is dated 21 April
2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted in the Army on
29 November 1971.  He underwent basic combat and advanced individual
training in Military Occupational Specialty (MOS) 11B20 (Light Weapons
Infantryman).  The applicant served at Fort Hood, Texas, with Company C, 2d
Battalion, 41st Infantry, 2d Armored Division, until he was honorably
separated on 28 November 1973, in pay grade E-4.  There is no indication in
the applicant’s records that show he served overseas or in any “occupied
area.”

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Report of Separation from Active Duty), signed in his own hand, shows that
he is entitled to the National Defense Service Medal and Sharpshooter
Marksmanship Badge with Rifle Bar.  No other awards or decorations are
listed.

5.  Army Regulation 600-8-22 (Military Awards) provides that marksmanship
badges are awarded to indicate the degree in which an individual has
qualified in prescribed weapons firing courses or events.  The badges,
listed from the highest to lowest degree of marksmanship, are the Expert
Badge, the Sharpshooter Badge and the Marksman Badge.  Only the highest
degree of marksmanship is listed on an individual's separation document.

6.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) provides, in pertinent part, that a soldier may wear a unit award
permanently if the individual was assigned to, and present for duty with,
the unit any time during the period cited; or who was attached by competent
orders to, and present during the entire period, or for at least 30
consecutive days of the period cited.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Superior Unit Award was created in 1985 to recognize
outstanding meritorious performance by a unit in completing a difficult and
challenging mission under extraordinary circumstances during peacetime.
Circumstances may be deemed to be extraordinary when they do not represent
the typical day-to-day circumstances under which the unit normally
performs, or may reasonably be expected to perform, its peacetime mission.
While the award is normally presented to units of battalion size, as an
exception to policy, organizations larger than battalion equivalent size
also may be recommended.  The Army Superior Unit Award is the only
peacetime unit award presented to units.  All other unit awards are
presented to units engaged in combat operations against an armed enemy.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first three years of qualifying service and
there is no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders, and there is no indication, in the applicant’s
military records, that he was awarded the Expert Marksmanship Badge.  The
applicant has not provided any evidence that he was awarded the Expert
Marksmanship Badge.  Therefore, he is not entitled to correction of his
records to show this badge.
2.  Evidence of record shows that the Army Superior Unit Award was not
established until 1985, some 12 years after the applicant was released from
active duty.  Therefore, he is not eligible for permanent wear of the Army
Superior Unit Award, the only possible award presented to units in
peacetime.  Since the applicant’s personnel records show that he was never
assigned or attached to a unit that was engaged in combat operations
against an armed enemy, he is not eligible for permanent wear of any other
unit award.  Therefore, the applicant is not entitled to correction of his
records to show permanent wear of a unit award.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 29 November 1971 through 28 November 1973 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 this award.

BOARD VOTE:

___mvt__  ___lf____  ___rvo __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Good Conduct Medal for the period 29 November 1971 through 28 November
1973.

2.  The Board further determined that 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 the Expert Marksmanship Badge and a unit award while assigned to
the 2d Armored Division.





            ________Raymond V. O’Connor_________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2003091563                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040224                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |