IN THE CASE OF:	  

	BOARD DATE:	  16 September 2008

	DOCKET NUMBER: AR20080007489 


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 Report of Separation from Active Duty (DD Form 214) to show award of the Army Good Conduct Medal and the Grenade Bar to be affixed to his already awarded Expert Marksmanship Qualification Badge with Rifle Bar.         

2.  The applicant states that these awards should have been awarded to him and entered on his DD Form 214.

3.  The applicant provides copies of his Individual Training Record (CONARC Form 578), Items 38 (Record of Assignments) and 41 (Awards and Decorations) of his Enlisted Qualification Record (DA Form 20), assignment orders, military occupational specialty (MOS) orders, forfeiture orders, letter of commendation, two Enlisted Efficiency Reports (DA Forms 2166-4) and Enlisted Evaluation Report (DA form 2166-5), promotion orders, reason for separation letter, separation orders, and his 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.  On 26 July 1973, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded MOS 76Y (Unit Supply Specialist). 

3.  On 7 January 1974, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for speeding. The punishment included a forfeiture of $20.00 pay per month for 1 month.

4.  On 2 May 1974, the applicant was assigned for duty as a supply clerk with the 1st Battalion, 58th Infantry Regiment, at Fort Benning, Georgia.

5.  On 31 October 1974, the applicant was promoted to specialist four, pay grade E-4.

6.  On 6 December 1974, the applicant received a letter of commendation from his company commander, commending him for his performance of duty well above and beyond that required for a Soldier of his position.  It further stated that the applicant had almost single-handedly brought the company supply records into a satisfactory state.

7.  On 23 July 1976, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had completed 2 years, 11 months, and 26 days of creditable active duty service.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.  It does not show award of the Army Good Conduct Medal or a Grenade Bar affixed to his marksmanship qualification badge.

9.  The Individual Training Record (CONARC Form 578), provided by the applicant, shows that he qualified as an expert with his M-16 rifle.  It also shows that he satisfactorily completed the requirements regarding the hand grenade but it does not provide his level of qualification.


10.  Item 41 (Awards and Decorations), DA Form 20, provided by the applicant, shows a badge entry for the M-16 rifle and grenade but does not show the level of qualification.  Item 38 (Record of Assignments) of this same form shows his conduct and efficiency as excellent.

11.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s Personnel Qualification Record, Part II (DA Form 2-1) shows the entry “NDSM/Bdg Rifle M16/Bdg Grenade” was lined out.  Below that entry was entered “NDSM” and “RIFLE M-16 EXP QUAL BAD 750821.”  It does not show award of the Army Good Conduct Medal or qualification with the hand grenade.

12.  Item 4 (Assignment Considerations) of the applicant’s DA Form 2-1 is blank. There are no comments by the commander indicating his denial of the Army Good Conduct Medal.

13.  The two enlisted efficiency reports, provided by the applicant, graded his performance as perfect with all maximum scores.  His subsequent enlisted evaluation report also graded him with near perfect scores.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army 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.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments. 

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

2.  There are no available orders showing that the applicant qualified as a marksman, sharpshooter, or expert with the hand grenade.  Furthermore, the entries on his Individual Training Record and Enlisted Qualification Record do not show any level of qualification with the hand grenade.  The original entry on his Personnel Qualification Record, Part II, concerning award of the Grenade Bar was lined out.  Therefore, the applicant’s request to add the Grenade Bar to his Expert Marksmanship Qualification Badge should be denied.     

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  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 Army Good Conduct Medal for the period from 
26 July 1973 to 23 July 1976; and

   b.  showing, in addition to the awards already shown on his DD Form 214,
that his awards include the Army Good Conduct Medal.

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 Grenade Bar.



	___________X____________
      	 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080007489



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