IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006206 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Good Conduct Medal, a Letter of Commendation, and completion of the Explosives and Demolitions Course.

2.  The applicant states the above items were omitted from his DD Form 214.

3.  The applicant provides:

	a.  Completion Certificate – US Army School, Europe for the Explosives and Demolitions Course from 26 January 1970 to 13 February 1970.

	b.  DD Form 214.

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 enlisted in the US Army Reserve (USAR) Delayed Entry Program (DEP) for 6 years on 5 December 1968.  On 15 January 1969, he was discharged from the DEP and enlisted in the Regular Army for 3 years on
16 January 1969.

3.  Following Basic Combat Training (BCT) at Fort Benning, GA and Advanced Individual Training (AIT) at Fort Sill, OK, the applicant was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman) and ordered to Germany for his first duty assignment.

4.  In Germany, the applicant served with Service Battery, 6th Battalion, 9th Field Artillery as a heavy truck driver, field artillery crewman, and section chief.  When his enlistment was due to expire, he was transferred to Fort Dix, NJ for out-processing.

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  It does not show any military education and training.

6.  The applicant's service records show the following:

	a.  On 27 May 1971, he was offered and accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for striking a fellow Soldier in the face on 25 May 1971. As punishment, he forfeited $50.00 pay per month for 1 month, was restricted for 14 days, and performed 14 days of extra duty.

	b.  He received uniformly "excellent" conduct and efficiency ratings during his service and had no record of convictions by courts-martial.

	c.  He received a Letter of Commendation, dated 10 July 1969, from the US Army Training Center and Fort Sill, Fort Sill, OK for his performance during Field Artillery AIT.

	d.  US Army Training Center, Infantry, Fort Benning, GA published Special Orders Number 102, dated 29 April 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and Special Orders Number 106, dated 3 May 1969, awarding him the Expert Marksmanship Qualification Badge with Grenade Bar.

	e.  Special Orders Number 299, Headquarters, V Corps, Germany, dated 7 November 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

	f.  There are no Certificates of Completion or Diplomas showing completion of any military training.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides the Good Conduct Medal (GCMDL) 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.  During the Vietnam period, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

8.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time specified that Item 24 of the DD Form 214 would include "decorations, service medals, campaign credits, and badges awarded or authorized."  It did not include Letters of Commendation.  It also specified that Item 25 would include "installation training courses (qualification course), military correspondence courses, [and] off-duty courses completed successfully during the period covered by the DD Form 214...."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Good Conduct Medal, and correction of his DD Form 214 to show the Good Conduct Medal, a Letter of Commendation, and completion of the Explosives and Demolitions Course.


2.  The applicant enlisted for 3 years and overall performed with "excellent" conduct and efficiency ratings and no convictions by courts-martial.  At separation, he should have been awarded the Good Conduct Medal for exemplary conduct, efficiency and fidelity during the period 16 January 1969 through 21 December 1971.  He should be awarded this medal and it should be added to his DD Form 214.

3.  The applicant's records contain orders awarding him marksmanship badges which either do not appear, or incorrectly appear on his DD Form 214.  His DD Form 214 should reflect the Expert Marksmanship Qualification Badge with Grenade Bar; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant received a Letter of Commendation upon completion of AIT; however, such letters are not included in the awards block (Item 24) of the DD Form 214.

5.  His successful completion of the Explosives and Demotions Course during the period 26 January through 13 February 1970 should be entered in Item 25 (Education and Training Completed).

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 him the Good Conduct Medal for exemplary conduct, efficiency and fidelity during the period 16 January 1969 through 21 December 1971;

	b.  deleting from Item 24 of his DD Form 214 the entries "M14 MKS" and "M16 MKS"; 
	c.  adding to Item 24 of his DD Form 214 the Good Conduct Medal; the Expert Marksmanship Qualification Badge with Grenade Bar; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

	d.  adding to Item 25 of his DD Form 214 the Explosives and Demolitions Course which he completed during the period 26 January – 13 February 1970.

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 a Letter of Commendation to his separation document.



      ___        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)                                         AR20080006206



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ABCMR Record of Proceedings (cont)                                         AR20080006206



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