BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090011720 


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 award of the Good Conduct Medal.

2.  The applicant states, in effect, that he believes he deserves to be awarded the Good Conduct Medal due to the fact that he served on active duty for a period of 2 years and was never disciplined for any wrongdoing.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 that he was inducted into the Army of the United States and entered active duty on 18 March 1969.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 95B (Military Police).  The highest rank he attained while serving on active duty was specialist four (SP4)/pay grade E-4.  The applicant was released from active duty on 1 March 1971 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 103, dated 1 May 1969, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14] effective 25 April 1969.

4.  Headquarters, 4th AIT Brigade (Military Police), U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 135, dated 25 June 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16] effective 23 June 1969.

5.  Headquarters, 503d Military Police Battalion, Fort Bragg, North Carolina, Special Orders Number 126, dated 29 July 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) effective 9 July 1970.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" or "unknown" for each of his duty assignments during the period 18 March 1969 through 17 March 1971.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16], the Sharpshooter Marksmanship Qualification Badge with Pistol Bar [.45 Caliber], and the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].  This form does not show award of the Good Conduct Medal.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal.  This form does not show award of the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16], the Sharpshooter Marksmanship Qualification Badge with Pistol Bar [.45 Caliber], or the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period is 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 and 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's contention that his record should be corrected to show award of the Good Conduct Medal was carefully considered and determined to have merit.

2.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14, the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16], and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar [.45 Caliber].  Therefore, he is entitled to correction of his DD Form 214 to show these qualification badges.

5.  Evidence shows the applicant completed a period of honorable service, he received all "excellent" conduct and efficiency ratings and he had no court-martial convictions.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 18 March 1969 through 17 March 1971 and to correction of his records to show this award.

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 full 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 Good Conduct Medal (first award) for the period 18 March 1969 through 17 March 1971; and

	b.  adding the following awards and decorations to item 24 of the DD Form 214:

		(1)  the Good Conduct Medal (first award);

		(2)  the Expert Marksmanship Qualification Badge with Rifle Bar [M-14];

		(3)  the Marksman Marksmanship Qualification Badge with Rifle Bar 
[M-16];

		(4) the Sharpshooter Marksmanship Qualification Badge with Pistol Bar [.45 Caliber].



      _______ _   ___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)                                         AR20090011720



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ABCMR Record of Proceedings (cont)                                         AR20090011720



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