IN THE CASE OF:	  

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090018404 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 June 1966, to show award of the Good Conduct Medal and the Presidential Unit Citation.

2.  The applicant states he discovered these awards were not listed on his 
DD Form 214 when he was signing up for social security benefits.  He found the ribbon he was issued for the unit citation, but no medal.

3.  The applicant provides no additional documentation 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's records show he enlisted in the Regular Army in pay grade 
E-1 on 11 July 1963, for 3 years.  He completed training and was awarded military occupational specialty 11E (Armor Crewman).  He served in Germany from 6 January 1965 to 20 June 1966 with Company A, 1st Battalion, 37th Armor.  There is no evidence this unit was awarded the Presidential Unit Citation.

3.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his period of military service.  There is evidence of a minor infraction.  He received non-judicial punishment for operating a passenger vehicle in a reckless manner by traveling 40 mph in a 30 mph speed zone during his period of service.

4.  He was honorably released from active duty in pay grade E-5 on 28 June 1966, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).  He was credited with completion of 2 years, 11 months, and 18 days of net active service.  Entries on his DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 does not show any additional awards.

5.  His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), lists the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  These awards are not shown on his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

7.  Army Regulation 600-8-22 also provides that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his period of military service.  There is evidence of a minor infraction.  He received non-judicial punishment for operating a passenger vehicle in a reckless manner by traveling 40 mph in a 30 mph speed zone; however, this should not over-shadow his achievements during his period of service.  While in the Army, he attained the pay grade of E-5 and had no lost time.  Therefore, it is concluded he is entitled to award of the Good Conduct Medal (First Award) for the period 11 July 1963 to 28 June 1966 and its addition to his DD Form 214.

2.  The evidence also confirms he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  These awards are not shown on his 
DD Form 214 and should be added.

3.  His contention that he was issued the Presidential Unit Citation alone is insufficient for correction to his DD Form 214 to show this award.  There is no evidence of record and none was provided by him to show he is entitled to wear the Presidential Unit Citation.  In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement to an award in the absence of evidence in the record.  Therefore, there is an insufficient basis upon which to add this award to his DD Form 214.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 Good Conduct Medal (First Award) for the period 11 July 1963 to 28 June 1966;

	b.  adding the Good Conduct Medal (First Award), Expert Marksmanship Qualification Badge with Pistol Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar to his DD Form 214; and

   c.  providing him a document to show the above corrections.
   
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 the Presidential Unit Citation and its addition 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)                                         AR20090018404



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ABCMR Record of Proceedings (cont)                                         AR20090018404



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