IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090011611 


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 award of the Army Good Conduct Medal (first award).

2.  The applicant states that he received an honorable discharge but that the Army Good Conduct Medal is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 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 military records show that he was inducted into the Army of the United States on 20 July 1964.  After completing initial entry training, he was assigned to Fort Bragg, NC in October 1964.  In August 1965, he was reassigned to Fort Sill, OK and he was assigned to the 175th Ordnance Company.  This unit made a permanent change of station to Okinawa, Japan on 10 October 1965.  He returned to the continental United States on 13 July 1966 and he was honorably released from active duty on that date.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of his release from active duty shows the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14).

4.  The applicant served 1 year, 11 months, and 24 days of continuous enlisted active duty service from 20 July 1964 to 13 July 1966, but his military records do not show that he was awarded the Army Good Conduct Medal for this period of service.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his tenure of service.  There is also is no derogatory information in his military records which could be a disqualifying factor in awarding him the Army Good Conduct Medal for this period of service.

5.  During a review of the applicant's military records, it was determined that he is entitled to an additional award that is not listed on his DD Form 214 and to correction of an entry already listed on this document.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 175th Ordnance Company, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 30, dated 1968, as amended by Department of the Army General Orders Number 55, dated 1968.

7.  The applicant's DD Form 214 shows that he was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  Item 41 (Awards and Decorations) of his DA Form 20 contains an entry which shows that he qualified as a marksman on the M-14 Rifle during initial entry training at Fort Knox, KY in 1964.  However, Headquarters, 184th Ordnance Battalion (Ammunition) (Direct 
Support), Fort Sill, Special Orders Number 162, dated 22 September 1965, subsequently awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.

9.  Paragraph 5-1 of Army Regulation 600-8-22 (Military Awards) states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Army Good Conduct Medal.

2.  The applicant served 1 year, 11 months, and 24 days of continuous enlisted active duty service from 20 July 1964 to 13 July 1966, and he received all "excellent" conduct and efficiency ratings at all of his units.  There is also no derogatory information in his military records which could be a disqualifying factor in awarding him the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 20 July 1964 to 13 July 1966 and correct his military records to show this award.

3.  General orders awarded the Meritorious Unit Commendation to the 175th Ordnance Company while the applicant was assigned to this unit.  Therefore, he is entitled to Meritorious Unit Commendation and correction of his records to show this unit award.

4.  While the applicant initially qualified as a marksman with the M-14 rifle during initial entry training in 1964, he subsequently qualified as a sharpshooter with this weapon and he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his
DD Form 214 by showing the award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and removing the entry for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) that is currently shown.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 26 of his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  awarding him the Army Good Conduct Medal (first award) for the period
20 July 1964 to 13 July 1966; and

	c.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (first award), Meritorious Unit Commendation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      __________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)                                         AR20090011611



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ABCMR Record of Proceedings (cont)                                         AR20090011611



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