RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060004325


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones II             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that his records be corrected to
show his award of the National Defense Service Medal and the Sharpshooter
Marksmanship Qualification Badge with Antiaircraft Artillery and Carbine
Bars.  He also requests award of the Bronze Star Medal, the Army
Commendation Medal, the Good Conduct Medal, the Armed Forces Expeditionary
Medal and any other awards to "reflect [his] character, superior
performance and dedication to duty".

2.  The applicant states he was unaware that he was entitled to the
National Defense Service Medal until he received a notification letter from
the National Personnel Records Center (NPRC) in 2004.  He does not know why
he was not awarded other medals to recognize his period of service.

3.  The applicant provides copies of his enlistment documents, a 20 June
1961 DD Form 214 (Report of Transfer or Discharge), a 31 May 1963 Honorable
Discharge Certificate, DA Form 20 (Enlisted Qualification Record), DA Form
24 (Service Record), an NGB Form 22 (Report of Separation and Record of
Service in the Army National Guard), an NGB Form 55 (Honorable Discharge
Certificate), a 21 July 2004 NPRC awards verification letter, a page from
the Digest 1 related to Army Air Defense Command, Army Regulation 611-205
(Enlisted Evaluation System), Army Regulation 611-208 (Proficiency Pay for
Enlisted Personnel), and section of Army Regulation 600-8-2 (Military
Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 January 1961, the date of his release from active
duty.  The application submitted in this case is dated 9 March 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 requests correction of his records to show award of the
National Defense Service Medal, the Sharpshooter Marksmanship Qualification
Badge with Antiaircraft Artillery and Carbine Bars.  He also requests award
of the Bronze Star Medal, the Good Conduct Medal, and the Armed Forces
Expeditionary Medal.  There are no orders or other evidence authorizing
award of the Bronze Star Medal or the Army Commendation Medal to the
applicant.  In the absence of a proper award authority for this decoration,
the applicant may request award of the Bronze Star Medal or the Army
Commendation Medal, under provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separated correspondence
of the procedures for applying for these decorations under Section 1130
and, as a result, they will not be discussed further in this Record of
Proceedings.

4.  The records show the applicant served 7 months and 17 days in the Army
National Guard before entering active duty on 22 January 1958.

5.  The DA Form 20 indicates the applicant qualified as a P-1 for
Proficiency Pay and qualified as a marksman with the M-1 rifle, on 28
February 1958; as a second class gunner with antiaircraft artillery, on 20
June 1958; as first class gunner with antiaircraft artillery, on 21 April
1959; and as a sharpshooter with the
M-1 carbine, on 27 July 1960.  Item 33 (Record of Assignments) of this form
indicates no service outside of the continental United States.

6.  The applicant was honorably separated from active duty on 20 January
1961, as a specialist four, with 2 Years, 11 months, and 29 days of active
duty and 7 months and 17 days of other service.  The DD Form 214 lists his
awards as the Sharpshooter Marksmanship Qualification Badge with Carbine
and AA Artillery Bars.

7.  The 21 July 2004 NPRC letter indicates the applicant was entitled to
the National Defense Service Medal and the Sharpshooter Marksmanship
Qualification Badge with AAA and Carbine Bars.

8.  Army Regulation 611-208, paragraphs 3 and 4, then in effect, stated
that proficiency pay was awarded to Soldiers as an incentive for achieving
superior performance.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-10 provides
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.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

10.  Army Regulation 600-8-22, paragraph 2-12 provides for award of the
Armed Forces Expeditionary Medal for qualifying service after 1 July 1958
in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance to friendly foreign
nations.  Qualifications for this award includes the requirements to be a
bona fide member in a unit engaged in the operation or to serve in the area
of operations for 30 days, or to be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days provided this
support involves entering the area of operations.  The regulation also
provides that the Armed Forces Expeditionary Medal may be awarded if the
individual served the full period in cases when the operation is less than
30 days in duration, if the individual is engaged in actual combat with
armed opposition regardless of the period of service, if the individual
participates as a member of an aircraft flying in support of the operation,
or if the individual is recommended (or attached to a unit recommended) for
award of the medal if the above criteria have not been met.  The designated
military operations and dates of eligibility for this award are specified
in Army Regulation 600-8-22.

11.  Army Regulation 600-8-22, chapter 4 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.  Current practice
requires that the commander provide written notice of unfavorable
consideration and permits the individual to respond.  At that time, non-
favorable consideration was normally noted on the DA Form 20.

12.  Army Regulation 600-8-22, paragraph 8-44 provides for award of the
basic marksmanship qualification badges.  A basic marksmanship
qualification badge is awarded to indicate the degree in which an
individual, military or civilian, has qualified in a prescribed record
course and an appropriate bar is furnished to denote each weapon with which
he or she qualified.  Each bar will be attached to the basic badge which
indicates the qualification last attained with the respective weapon.
Basic qualification badges are of three classes, expert, sharpshooter, and
marksman.




DISCUSSION AND CONCLUSIONS:

1.  Regulations direct that only the most recent qualification level for
each weapons system be included on the DD Form 214.  The applicant's last
qualification as an antiaircraft artillery gunner was at the sharpshooter
level.  As such his DD Form 214 correctly reflects the award of the
Sharpshooter Marksmanship Qualification Badge with AA Artillery Bar.

2.  The M-1 rifle and M-1 carbine are two different weapons and as such
qualification badges are authorized for both weapons.  The DD Form 214
omits the applicant's award of the Marksman Marksmanship Qualification
Badge with Rifle Bar.  It is appropriate to correct the records to include
this qualification badge.

3.  The applicant distinguished himself by his conduct, efficiency, and
fidelity as evidenced by his receipt of P-1 proficiency rating and pay and
promotion to E-4.  The record contains no indication of any disqualifying
incidents or recommendations.  It is appropriate to award the applicant the
Good Conduct Medal for his period of service from 22 January 1958 through
20 January 1961.

4.  The applicant served during a designated period for which the National
Defense Service Medal was authorized.  It is appropriate to correct the
records to reflect this award.

5.  There is no available evidence of any deployment outside of the
continental United States; therefore, entitlement to the Armed Forces
Expeditionary Medal is not established.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 June 1961; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 June 1964.  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

_ALR___  __QAS___  __FCJ__  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 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 awarding the applicant the Good
Conduct Medal for his period of service from 22 January 1958 through 20
January 1961.

2.  The Board further recommends that all Department of the Army records of
the individual concerned be corrected by showing that, in addition to the
awards listed on the DD Form 214, the applicant is also authorized award of
the National Defense Service Medal and the Marksman Marksmanship
Qualification Badge with Rifle Bar.

3.  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 Armed Forces Expeditionary Medal.





                            __      Allen L. Raub________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20061212                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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