IN THE CASE OF:	  

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080014237 


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, in effect, that his record should be corrected to include the Army Good Conduct Medal (AGCM) and a Marksmanship Badge based on his qualification with a .45 caliber pistol.  

2.  The applicant states, in effect, that the awards listed on his separation document (DD Form 214) should include the AGCM and a Marksmanship Badge reflecting his qualification with a pistol.  

3.  The applicant provides his DD Form 214, a National Personnel Records Center (NPRC) letter, and extracts of his Enlisted Qualification Record (DA Form 20) 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 record shows he was inducted into the Army of the United States and entered active duty on 27 July 1964, and that he was trained in and awarded military occupational specialty (MOS) 73C (Disbursing/Examination Specialist).  

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM) and Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  His OMPF contains orders confirming he qualified as a Sharpshooter with the M-14 Rifle on 27 August 1964 and with the M-1 Carbine on 19 July 1965.  There are no orders in the OMPF indicating he qualified with the .45 caliber pistol.  

5.  On 26 July 1966, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  Item 26 (Decorations, Medals, Badges, Citations, Commendations and Service Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM and the Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars during his active duty tenure.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 contains guidance on award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AGCM should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit.  His record confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 27 July 1964 through 26 July 1966. 

2.  The applicant's contention that a Marksmanship Badge should be added to his record and separation document to reflect his qualification with the .45 caliber pistol was also carefully considered.  However, there is insufficient evidence to support this claim.  The applicant's record and OMPF contain entries and orders that confirm his qualification with the M-14 rifle and M-1 carbine; however, there are no orders or entries confirming his qualification with the .45 caliber pistol.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 awarding him the Army Good Conduct Medal for his qualifying period of active duty service from 27 July 1964 through 26 July 1966, by adding this award to the list of awards contained in Item 26 of his DD form 214, and by providing him a correction to his separation document that includes this change. 

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 correction of his record to reflect qualification with the .45 caliber pistol.



      ________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)                                         AR20080014237



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ABCMR Record of Proceedings (cont)                                         AR20080014237


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