RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101916


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      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 that his records be corrected to reflect all the
awards to which he is entitled for all of his military service.

2.  The applicant states that he was assigned to units that received awards
during the time that he served with them, but they are not listed in his
records.  He believes that he is entitled to award of the Good Conduct
Medal, the Battle Expeditionary Medal, and a Presidential Unit Citation,
and other awards.

3.  The applicant provides copies of DD Forms 214 (Report of Transfer or
Discharge), a copy of a DD Form 215 correcting a DD Form 214, copies of
National Guard Bureau Forms 22 (Report of Separation and Record of Service
in the Army National Guard), a copy of a discharge order, and a copy of a
chronological statement of retirement points.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 October 1984.  The application submitted in this case
is dated     5 December 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 served on active duty in the Navy from 27 February 1969
to    17 November 1970 when he was released from active duty.  His DD Form
214 shows award of the National Defense Service Medal, the Vietnam Service
Medal, and the Vietnam Campaign Medal with device.  It shows that he had 1
year,         5 months, and 11 days of foreign and/or sea service.

4.  The applicant's records show service in the Navy Reserve from 18
November 1970 until his enlistment in the Army National Guard in October
1972.  He continued his service with the Army National Guard and was on an
active duty in an AGR (Army Guard/Reserve) status from 27 October 1980 to
10 October 1984. His DD Form 214 reflects the above-mentioned awards, plus
the Armed Forces Reserve Medal, the Army Reserve Components Achievement
Medal, two awards of the Army Commendation Medal, the Humanitarian Service
Medal, the Army Service Ribbon, and the MESR, an acronym not identified in
the Army military awards regulation.  He was released from active duty at
Camp Edwards, Massachusetts.  His DD Form 214 shows that he voluntarily
terminated his AGR tour.

5.  Three evaluation reports are available during the period that he was on
active duty.  The first, for the period September 1981 to August 1982,
shows that his rater and endorser considered him a competent junior NCO who
knew his job and did it well.  The second, for the period September 1982 to
August 1983, contained the remark from his rater that he did a good job in
his specialty but demonstrated a poor attitude toward common Soldier duties
and was sometimes hard to get along with fellow Soldiers.  His endorser
stated that the applicant had an attitude problem.  The third report, for
the period September 1983 to August 1984, contained the remark from his
rater that the applicant tried to adapt to a new career field but could not
perform under the pressures of a new job, unit, and relocation.  His
endorser stated that he did not have the background and had not developed
the traits necessary to perform in the capacity of a supply sergeant, that
he needed direct supervision at all times, and that he could not handle the
pressure.  His endorser was his company commander.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that
he qualified as a sharpshooter with the M16 rifle on 24 September 1983.
His records do not contain evidence that he qualified with any other
weapon.

7.  On 11 October 1984 he enlisted in the Army Reserve for six years for
assignment to the 505th ASA (Army Security Agency) Company at Fort Devens,
Massachusetts.  The applicant completed the Basic Noncommissioned Officer
Course (BNCOC) on 30 March 1985 and was awarded the Driver's Badge on    12
May 1986.

8.  On 10 July 1987 a Physical Evaluation Board determined that the
applicant was physically unfit for continued service because of chronic
right foot pain and recommended that he be separated from the service with
severance pay.  He was discharged from the Army Reserve with a 10 percent
disability rating on        8 September 1987.

9.  On 27 August 1992 the Army Reserve Personnel Center authorized the
issuance of awards to the applicant, to include the Good Conduct Medal, the
Vietnam Service Medal with one bronze service star, the Driver and Mechanic
Badge with Driver "W" bar, the Sharpshooter Badge with automatic rifle bar,
and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, awards
not reflected on his separation documents.

10.  Army Regulation 672-5-1, then in effect, provides for award of the
Army Good Conduct Medal.  It 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.  Unit commanders are authorized to
award the Good Conduct Medal to enlisted Soldiers under their command who
meet the established criteria.  The Soldier's record of service must
indicate that he willingly complied with the demands of the military
environment, has been loyal and obedient to his superiors, and faithfully
supported the goals of his organization and the Army, and has conducted
himself in an exemplary manner.  In terms of job performance, the Soldier's
efficiency must be evaluated as meeting all requirements and expectations
for his grade, specialty, and experience.

11.  The Presidential Unit Citation is awarded to units of the Armed Forces
for extraordinary heroism in action against an armed enemy.  Soldiers
assigned or attached to a unit for the period for which it was awarded are
entitled to award of the Presidential Unit Citation.

12.  The "Battle Expeditionary Medal" cannot be identified.  It is not
listed in Army Regulation 600-8-22, the Army military awards regulation.
The Armed Forces Expeditionary Medal is listed in that regulation, and is
awarded to Soldiers for service in specified operations and be engaged in
actual combat, or duty which is equally as hazardous as combat.

13.  The NCO Professional Development Ribbon (NCOPDR) is awarded for
successful completion of designated NCO professional development courses.
A Soldier is entitled to award of the NCOPDR with numeral 2 for
satisfactory completion of BNCOC.

14.  Army Regulation 635-5 provides for the preparation of the DD Form 214,
and states in pertinent part, that all authorized awards for all periods of
service will be entered on that document.

15.  Army Regulation 15-185 prescribes the policies and procedures for
correction of military records by the Secretary of the Army, acting through
the Army Board for Correction of Military Records (ABCMR).  The ABCMR's
jurisdiction under the law extends to any military record of the Department
of the Army.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was on active duty for over 4 years from 1980 to 1984, a
qualifying period for award of the Good Conduct Medal.  There is no
evidence, however, that he was awarded that medal or that his unit
commander recommended him for the award.  Notwithstanding the authorization
provided by the Army Reserve Personnel Center to issue the Good Conduct
Medal to the applicant, there is no basis to correct his 10 October 1984 DD
Form 214 to show award of the Good Conduct Medal.  There is no evidence to
show that he is entitled to that award.

2.  As indicated above, the "Battle Expeditionary Medal" is not an
authorized Army award.  The applicant may be referring to the Armed Forces
Expeditionary Medal, an award authorized by Army Regulation 600-8-22, for
service in specified operations; however, there is no evidence, and the
applicant has not provided any, to show that he is entitled to that award.


3.  There is no evidence and the applicant has not provided any to show
that he is entitled to award of the Presidential Unit Citation;
consequently, he is not entitled to that award.

4.  The applicant was awarded the Driver's Badge and completed BNCOC,
entitling him to award of the NCOPDR with numeral 2.  Award of the badge
and entitlement to award of the ribbon, however, occurred subsequent to his
release from active duty.  There are no provisions to correct his DD Form
214 to reflect awards that he earned after the issuance of his DD Form 214.
 Consequently, in this respect, his record is correct and no action is
required by the Board.

5.  The jurisdiction of the Board is limited to correcting or recommending
correction of Department of the Army records.  The Board has no authority
to correct records maintained by another service.  Consequently, The Board
cannot act on any documents maintained by the Navy.  The applicant should
apply to the Board for Correction of Naval Records for any correction
relative to his Navy service.

6.  The applicant is entitled to award of the Sharpshooter Marksmanship
Qualification Badge with rifle bar.  That award should be reflected on his
          10 October 1984 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WR         ___RA__  ___EP __  GRANT PARTIAL 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
Sharpshooter Marksmanship Qualification Badge with rifle bar.

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 Good Conduct Medal, the Presidential Unit Citation, and the
Armed Forces Expeditionary Medal.




                            ____ Raymond Wagner_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101916                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040923                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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