RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015957 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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 records to show all awards and decorations he was entitled to during his military service; specifically, award of the Army Commendation Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

2.  The applicant states, in effect, that his DD Form 214 (Report of Separation from Active Duty) does not show all his awards and decorations.

3.  The applicant did not provide any additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The Board noted the applicant's request for award of the Army Commendation Medal. However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Army Commendation Medal under the provisions of law.  As a result, the Army Commendation Medal will not be discussed further in these Proceedings. 

3.  The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 16 November 1974 for a period of 6 years under the Delayed Entry Program (DEP).  He subsequently enlisted in the Regular Army on 30 June 1975 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 17B (Field Artillery Radar Crewman).  He was honorably relieved from active duty and transferred to the USAR Control Group (Reinforcement) on 29 June 1978.
4.  The applicant's records show that he served his entire military service at Fort Bragg, North Carolina.  The highest grade he attained during his military service was specialist four (SP4)/E-4. 

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the National Defense Service Medal.  Item 24 does not show award of the Good Conduct Medal or the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60). 

6.  The applicant’s records do not contain orders awarding him the Good Conduct Medal.

7.  Item 9 (Awards, Decorations, and Campaign) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

8.  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.  

9.  Chapter 8 of Army Regulation 600-8-22 states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are 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 he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes. Expert, Sharpshooter, and Marksman.  Permanent Orders are not required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.


10.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy or preparing and distributing DD Form 214.  The regulation in effect at the time of the applicant's discharge states that entries to be made in item 26 will be transposed from the Soldier's DA Form 2-1.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms that the applicant served honorably during the period 30 June 1975 to 29 June 1978.  Although his service records do not indicate his conduct and efficiency ratings, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion 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 award of the Good Conduct Medal and to correction of his records to show this award.  

2.  There is no evidence and the applicant has provided none to show he was qualified with the M-60 Machinegun and/or was awarded the Expert Marksmanship Qualification Badge for this weapons system.  Therefore, there is no evidence upon which to base award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__rtd___  __mjnt__  __drg___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.   awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 June 1975 to    29 June 1978; and 

	b.  showing award of the Good Conduct Medal (1st Award) on his DD Form 214, dated 29 June 1978.

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 Expert Marksmanship Qualification Badge with Machinegun bar (M-60). 




							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.