RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001541


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) to show award of the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, the “UNQ (BAR)” [Browning
Automatic Rifle]; the Expert Marksmanship Qualification Badge with Rifle
Bar, the Good Conduct Medal, and the Presidential Unit Citation with First
Oak Leaf Cluster.

2.  The applicant states that his DD Form 214 shows no ribbons or medals.

3.  The applicant provides a copy of his DD Form 214 and an Honorable
Discharge Certificate from the U.S. Army Reserve (USAR).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
23 April 1962.  The application submitted in this case is dated 19 January
2006.

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 limitations 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 was inducted on 6 April 1960.  He served as a light
weapons infantryman in Germany from 18 September 1960 until approximately
23 April 1962.  He was released from active duty on 23 April 1962 in the
temporary rank of specialist four after completing 2 years and 18 days of
creditable active service with no lost time and was transferred to the
USAR.

4.  The applicant’s DD Form 214 shows the entry, “None” in item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).

5.  The applicant was honorably discharged from the USAR on 31 March 1966.

6.  Section 9 (Medal, Decorations, and Citations) on the applicant’s DA
Form
24 (Service Record) shows entitlement and authorization by orders for the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the “UNQ
BAR.”
7.  Item 28 (Qualification in Arms) on the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he qualified as sharpshooter with the M-1
rifle.

8.  There are no orders for the Expert Marksmanship Qualification Badge
with Rifle Bar in the applicant’s service personnel records.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of basic marksmanship qualification badges.
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.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

2.  Although the applicant’s DA Form 24 indicated orders showed he received
the “UNQ (BAR),” the governing regulation states the marksmanship
qualification badges are awarded in three classes (Expert, Sharpshooter,
and Marksman).  Since the “UNQ (BAR)” does not show this rifle was awarded
in one of the three classes, there is insufficient evidence on which to
amend his DD Form 214 to show this award.

3.  There are no orders for the Expert Marksmanship Qualification Badge
with Rifle Bar in the applicant’s service personnel records.  Therefore,
there is insufficient evidence on which to award this marksmanship
qualification badge.

4.  The applicant was separated in the temporary rank of specialist four
with
2 years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 6 April 1960 through 23 April 1962
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

5.  There is no evidence of record which shows the applicant was assigned
to a combat zone where his unit could have earned a Presidential Unit
Citation.  Therefore, there is insufficient evidence on which to base any
award of this unit citation.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 23 April 1962; therefore, the time for the
applicant to file a request for correction of any error expired on 22 April
1965.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

MP____  _MF______  __GP___  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period of 6 April 1960 through 23 April 1962; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded 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 “UNQ (BAR),” the Expert Marksmanship Qualification Badge with
Rifle Bar, and the Presidential Unit Citation with First Oak Leaf Cluster.



                            ___Margaret Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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