IN THE CASE OF:	

		BOARD DATE:	 2 April 2009 

		DOCKET NUMBER:  AR20080017786 


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, National Defense Service Ribbon (correctly known as the National Defense Service Medal), Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

2.  The applicant states he received the Good Conduct Medal and National Defense Service Medal and wants them shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a letter authorizing the U.S. Army Support Center to provide him the Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar in support of this 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 on 
14 October 1955.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of photo lab technician.  The highest rank he attained while serving on active duty was specialist four (temporary)/pay grade E-4.

3.  The applicant's DD Form 214 shows that on 13 October 1958, he was released from active duty with an honorable characterization of service after completing 3 years of active military service and transferred to the United States Army Reserve to complete his remaining military service obligation.

4.  The applicant's records are void of any orders or other documents that indicate he was ever awarded the Army Good Conduct Medal by proper authority while serving on active duty.

5.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

6.  The applicant's Chronological Record of Military Service, Section 4 shows the applicant received a "good" efficiency rating during his term of service.  

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

8.  The U.S. Army Support Center was authorized to provide the applicant with the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.



9.  The applicant's DA Form 24 shows only the Marksman Marksmanship Qualification Badge with Carbine Bar.  His DA Form 20 (Enlisted Qualification Record) shows he more recently qualified Expert with the Rifle and Sharpshooter with the Carbine.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  This regulation in effect at the time when the service member was discharged, in pertinent part, states that decorations, etc. awarded or authorized during the period covered by the DD Form 214 will be entered from item 21, DA Form 66 or section 9, DA Form 24 (Service Record), omitting authorities cited therein.

11.  Army Regulation 635-5 currently in effect, requires only that each entry will be verified by the Soldier's records instead of specifying which forms are permitted as source documents for this purpose as was the case in this regulation in effect at the time of the applicant's discharge.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends he received the Good Conduct Medal and the National Defense Service Medal, there are no orders or other evidence that he was awarded these medals.  

2.  While the U.S. Army Support Center was erroneously authorized to provide the applicant with the Army Good Conduct Medal, the Board will not perpetuate this error by granting this request.  The applicant did not receive all "excellent" conduct and efficiency ratings throughout this qualifying period of service; therefore, he is not entitled to award of this medal. 

3.  The National Defense Service Medal was not authorized for award during the applicant's period of service.  Therefore, he is not entitled to award of this medal.

4.  The applicant's DA Form 24 shows only the Marksman Marksmanship Qualification Badge with Carbine Bar.  However, the U.S. Army Support Center was authorized to provide the applicant with the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  This was apparently due to the entries on the applicant's DA Form 20.  As such, as a matter of equity, it is recommended that the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar be entered on the applicant's DD Form 214.


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 amending his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

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 amending his DD Form 214 to show award of the Army Good Conduct Medal and the National Defense Service Medal.




      _______ _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)                                         AR20080017786



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ABCMR Record of Proceedings (cont)                                         AR20080017786



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