BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008601 


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 award of the Army Good Conduct Medal, marksmanship badges, and any other awards he is authorized.

2.  The applicant states that he just wants what he deserves.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); DD Form 256A (Honorable Discharge Certificate); Certificate for award of the Purple Heart; and a letter, dated 26 March 2009, from the Department of the Army Review Boards Agency Support Division, St. Louis, informing him of its correction to his DD Form 214 to add awards.

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 22 July 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 13A (Field Artillery).

3.  Special Orders Number 15, 1st Combat Training Brigade, Fort Gordon, Georgia, dated 2 September 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On or about 21 November 1969, the applicant departed Fort Gordon, Georgia, for assignment in the Republic of Vietnam.

5.  On 22 January 1970, the applicant was assigned for duty as a cannoneer with Battery A, 2nd Battalion, 35th Field Artillery Brigade.  He served in this position until his return to the United States on or about 6 December 1970.

6.  On or about 17 January 1971, the applicant was assigned for duty as an assistant gunner with Battery A, 82nd Field Artillery Brigade, at Fort Bragg, North Carolina.

7.  On 5 June 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 10 months, and 13 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as previously corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Purple Heart with 1st Oak Leaf Cluster, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Valorous Unit Award with 1st Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It does not show award of the Army Good Conduct Medal or any marksmanship badges.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent except for when he attended advanced individual training.  During this period of training his conduct and efficiency ratings were "good."  The applicant's records do not contain any evidence of court-martial, but he did receive nonjudicial punishment under the provisions of the Uniform Code of Military Justice for being absent without leave for 29 days.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Army Good Conduct Medal, marksmanship badges, and any other awards he is authorized.

2.  The evidence of record shows that the applicant received a conduct rating of "good" for his attendance at AIT.  This is a disqualifying rating for award of the Army Good Conduct Medal.  Therefore, his request for this award should be denied.

3.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore his records should be corrected to show this award.

4.  Review of the applicant's military records failed to show authorization to any other awards not already included on his 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 showing that in addition to the awards shown on his DD Form 214, his authorized awards include the Sharpshooter Marksmanship Qualification Badge with Rifle 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 award of the Army Good Conduct 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)                                         AR20090008601





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ABCMR Record of Proceedings (cont)                                         AR20090008601



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