IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080001180 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

2.  The applicant states, in effect, that he served honorably for three years and is entitled to these awards, and that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 December 1964, 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 that he enlisted in the Regular Army for a period of 3 years on 11 December 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 758.10 (General Supply Specialist).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 10 December 1964.

3.  The applicant’s records show that he served in Hawaii from 13 May 1962 to 2 May 1964.  He was assigned to the 3rd Battalion, 13th Artillery.

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 13 does not show award of the Good Conduct Medal, the National Defense Service Medal, and/or the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) on 18 January 1963.  Section 9 does not show he qualified "Expert" with M-1 Rifle.

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

7.  Army Regulation 672-5-1 (Military Awards), 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 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.




8.  Army Regulation 600-8-22 (Military Awards) as amended 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably during the period 11 December 1961 to 10 December 1964, attained the rank/grade of SP4/E-4, and completed an overseas tour in Hawaii.  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 and to correct his records to show this award.  

2.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  The applicant’s records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) on 18 January 1963; therefore, he is entitled to correction of his records to show this award.

4.  There is no evidence in the available records and the applicant did not provide substantiating evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 11 December 1961 to 10 December 1964; and

	b.  adding the Good Conduct Medal (1st Award), the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), to his DD Form 214, dated 10 December 1964.

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 Expert Marksmanship Qualification Badge with Rifle Bar (M-1).






      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001180



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ABCMR Record of Proceedings (cont)                                         AR20080001180



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