RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070018863 


	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. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 award of the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.

2.  The applicant states that he served in an infantry unit in combat and qualified marksman with his assigned weapon.

3.  The applicant provides a copy of National Personnel Records Center letter, dated 5 May 2006, 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 applicant's records show he enlisted in the Regular Army for a period of 3 years on 29 June 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  On 13 March 1968, he was awarded primary MOS 76Y (Unit Supply Specialist) and MOS 71B was withdrawn.  He was honorably released form active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 27 June 1969.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant’s records further show he served in Korea from 21 November 1966 to 17 June 1968.  He was assigned to Headquarters and Headquarters Company, 1st Brigade, 2nd Infantry Division, as a clerk-typist.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and Item 5 of the DD Form 215 (Correction to the DD Form 214) show he was 
awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Korea Defense Service Medal.  Item 24 of the DD Form 214 and Item 5 of the DD Form 215 do not show award of Combat Infantryman Badge or the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  

5.  The applicant’s records do not contain General Orders awarding him the Combat Infantryman Badge or Special Orders awarding him the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.

6.  Headquarters, U.S. Army Training Center Infantry, Fort Lewis, Washington, Special Orders Number 79, dated 24 August 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14) on 19 August 1966. 

7.  Item 29 (Qualification in Arms) of the applicant’s DA Form 20 shows he qualified sharpshooter with the M-14 Rifle on 19 August 1966.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

9.  Army Regulation 600-8-22 sets forth the 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.  Chapter 8 of the current version of the regulation states, in pertinent part, that 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.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Combat Infantryman Badge, all Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  Evidence of record shows the applicant held MOS 71B and performed duties as a clerk-typist during his tour in Korea.  

2.  There is no evidence in the available records and the applicant did not provide evidence that shows he held an infantry specialty or was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit that actively engaged in ground combat with the enemy.  Therefore, the applicant did not meet the qualifications for award of the Combat Infantryman Badge.  

3.  With respect to his award of the Marksman Marksmanship Qualification Badge with Auto Rifle Bar, evidence of record shows the applicant qualified sharpshooter with his weapon and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This award is correctly shown on his records.  There is no evidence that he qualified marksman or was awarded the Marksman Marksmanship Qualification Badge with Auto Rifle Bar subsequent to the date he was awarded the Sharpshooter Badge.  Therefore, he is not entitled to this award.   

4.  Evidence of record confirms that the applicant served honorably during the period 29 June 1966 to 27 June 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Good Conduct Medal (1st Award) 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 this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ena___  __pbf___  __jcr___  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 15 March 1967 to 3 December 1968; and

	b.  showing award of the Good Conduct Medal (1st Award).

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 the applicant's request for award of the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.



							Eric N. Anderson
	______________________
          		CHAIRPERSON