BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008762 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 November 1969 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Army Good Conduct Medal (first award), and a "personalized company trophy" from basic combat training.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 and, therefore, they should be added.

3.  The applicant provides a copy of his DD Forms 214 for the periods ending
10 May 1965 and 15 November 1969; and Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 203, dated 22 July 1965, 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 enlisted in the U.S. Army Reserve (USAR) on 6 April 1965.  On 10 May 1965, he was ordered to active duty for training (ADT).  He successfully completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 76A (Supply Clerk).  He was released from ADT on 25 September 1965 and returned to his USAR unit.

3.  Special Orders Number 203, dated 22 July 1965, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.  This award is appropriately entered on his DD Form 214 for the period ending 25 September 1965.

4.  There is no evidence in the applicant’s military records that show he was awarded a "personalized company trophy" from basic combat training.

5.  Headquarters, 364th Ordnance Battalion, Milwaukee, WI, Special Orders Number 44, dated 14 September 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar for qualifying with the M-1 Carbine Rifle.

6.  On 13 May 1968, the applicant was ordered to active duty with assignments at Fort Riley, KS and Camp McCoy, WI.

7.  On 15 November 1969, the applicant was honorably released from active duty and returned to his USAR unit in the rank/grade of specialist four (SP4)/E-4 after completing 1 year, 6 months, 3 days of creditable active service this period with no time lost.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 15 November 1969 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information or disqualification by his unit commander.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth 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.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 635-5 (Separation Documents), in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, trophies, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 
15 November 1969 should be corrected to add the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and a personalized company trophy that was awarded to him during basic combat training.

2.  The applicant was honorably released from active duty in the rank of SP4 with 1 year, 6 months, and 3 days of creditable active service with no time lost.  There is no evidence of adverse action or disqualification by his commander.  He also received "excellent" conduct and efficiency ratings throughout his period of active service.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (first award) for the period 13 May 1968 through 
15 November 1969.  Therefore, he should be awarded the Army Good Conduct Medal (first award) and his records should be corrected to show this award.

3.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.  Therefore, his records should be corrected to show this award.
4.  In regard to the applicant's request to add his personalized company trophy to his DD Form 214, there is no evidence in the available records and the applicant did not provide any evidence that shows he was awarded a personalized company trophy.  Nevertheless, Army regulations dictate that such awards are not listed on the DD Form 214.  Therefore, there is no basis for adding his trophy to 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:

	a.  awarding the applicant the Army Good Conduct Medal (first Award) for the period 13 May 1968 through 15 November 1969; and
	
   b.  adding to item 24 of his DD Form 214 for the period ending 15 November 1969 the Army Good Conduct Medal (first award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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 adding a "personalized company trophy" to his DD Form 214.



												_________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)                                         AR20090008762



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ABCMR Record of Proceedings (cont)                                         AR20090008762


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