IN THE CASE OF:	

		BOARD DATE:	 10 December 2009 

		DOCKET NUMBER:  AR20090014438 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar [M-16], and the Combat Action Badge.

2.  The applicant states, in effect, he should be awarded the Army Good Conduct Medal based upon his completion of 2 years and 9 months of honorable service.
The applicant contends that he earned the Army Good Conduct Medal based upon the fact that he was never disqualified for receipt of the award, he had no disciplinary actions taken against him during his time of service, and he was awarded an Army Commendation Medal.  He also states that although he qualified as an Expert Marksman with the M-16 rifle, it is not annotated on his DD Form 214.  The applicant further states that he was awarded the Combat Action Badge for engagement with the enemy while deployed to Ramadi, Iraq.  He concludes that these errors were brought to his attention while updating his records at his Navy Reserve unit.

3.  The applicant provides a DD Form 214 and a memorandum as documentary evidence 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 record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 6 May 2003.  He was discharged from the USAR DEP on 16 September 2003 and he enlisted in the Regular Army (RA) on 17 September 2003.  The applicant completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  Following his completion of 2 years and 9 months of active duty service, he was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 16 June 2006.

3.  The applicant's DD Form 214 shows that he served in Iraq and Kuwait from 15 January 2005 to 15 January 2006.

4.  Neither Section VIII (Awards and Decorations) of the applicant’s Enlisted Record Brief nor Item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 show he was awarded the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar [M-16], or the Combat Action Badge.

5.  Chapter 8 of Army Regulation 600-8-22 (Military Awards) states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders are no longer required for award of the marksmanship qualification badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. 


6.  There are no orders in the applicant's records that show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].  Additionally, the applicant’s record is devoid of any documentary evidence and he has failed to provide any evidence that he qualified as an Expert Marksman with the M-16 rifle during a prescribed record fire course.

7.  Army Regulation 600-8-22 further provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

8.  A review of the applicant's service record also shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal.

9.  Headquarters, Multi-National Corps Iraq, Baghdad, Iraq, Permanent Orders 336-183, dated 2 December 2005, shows he was awarded the Combat Action Badge for engaging or being engaged by the enemy on 25 April 2005.

10.  The applicant provides Headquarters, 3d Brigade, 3d Infantry Division, Fort Benning, GA, memorandum, dated 10 April 2006, which shows approval of his early separation from the RA under the provisions of chapter 5 of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) by reason of attending civilian schooling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar [M-16], and the Combat Action Badge were carefully considered and determined to have partial merit.

2.  The evidence of record confirms the applicant honorably served on active duty during the period 17 September 2003 through 16 June 2006.  His record is void of any evidence that shows he had lost time, or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a suspension of favorable personnel actions or that his commander denied him award of the 
Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 17 September 2003 through 16 June 2006 and to correct his records to show this award.

3.  Permanent Orders show the applicant was awarded the Combat Action Badge.  Therefore, he is entitled to correction of his records to show this decoration.

4.  With respect to the Expert Marksmanship Qualification Badge with Rifle Bar [M-16], there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with any weapons system and/or awarded any marksmanship badges at the time.  In the absence of orders or any other documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date and class of qualification, there is insufficient evidence to grant this portion of the applicant's requested relief.

5.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement for award of the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 him the Army Good Conduct Medal (1st award) for the period 28 January 1977 through 20 January 1981;

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Combat Action Badge; and

	c.  providing him a correction document as a result of these changes.

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 Expert Marksmanship Qualification Badge with Rifle Bar [M-16].



      __________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)                                         AR20090014438



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014438



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1