IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080012047 


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 records to show all marksmanship badges and unit citations.

2.  The applicant states that he served with the 307th Engineer Battalion of the 82nd Airborne Division, but his record does not show any unit citations or marksmanship badges.

3.  The applicant provides a picture of a Soldier in uniform, 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 27 March 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76K (General Supply Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 26 March 1966.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Parachutist Badge and the Armed Forces Expeditionary Medal.  Item 26 does not show awards of marksmanship badges and unit citations.

4.  Headquarters, 2nd Training Regiment, U.S. Army Training Center, Engineer, Fort Leonard Wood, Missouri, Special Orders Number 94, dated 13 May 1963, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  Item 38 (Record of Assignments) of the applicant's DA Form 2-1 (Enlisted Qualification Record) shows he was assigned to the 307th Engineer Battalion, Fort Bragg, North Carolina, and received an "Excellent" efficiency and conduct rating throughout his military service.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  Furthermore, this regulation also states that an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

8.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.


9.  Army Regulation 600-8-22 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  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.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), which is not shown on his records; therefore, he is entitled to correction of 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 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record confirms that the applicant served honorably during the period 27 March 1963 to 26 March 1966.  He attained the rank/grade of SP5/E-5 and received an "Excellent" conduct and efficiency rating throughout his career.  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 this award.

4.  With respect to award of a unit citation, the evidence of record shows that the 307th Engineer Battalion received several awards and accolades throughout its history; however, none was awarded during the applicant's assignment to this unit.  By regulation, an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.
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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 March 1963 to 26 March 1966; and

	b.  showing award of the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and the national Defense Service 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 any unit citations. 



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               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)                                         AR20080012047



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ABCMR Record of Proceedings (cont)                                         AR20080012047



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