IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100009084 


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 records to show award of the Army Good Conduct Medal.

2.  The applicant states he served on active duty for 3 years and fulfilled the requirements for the Good Conduct Medal; however, he did not receive the award until after he separated from the U.S. Army.  He adds he cannot find the award order and he does not know why it was not filed in his military personnel records.

3.  The applicant provides copies of a Certificate of Service, his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge), and
DD Form 256A (Honorable Discharge Certificate).

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 was inducted into the Army of the United States for a period of 2 years on 27 May 1968.  He was honorably discharged on 2 June 1968 and enlisted in the Regular Army for a period 3 years on 3 June 1968.  Upon completion of training he was awarded military occupational specialty 63H (Engine and Power Train Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) that he qualified Sharpshooter with the
M-14 rifle on 5 July 1968 and Expert with the M-14 rifle on 18 May 1970;

   b.  item 31 (Foreign Service) that he served in the Republic of  Korea for a total of 13 months, from 3 January 1969 through 2 February 1970;

   c.  item 33 (Appointments and Reductions) that he was promoted to specialist five (SP5) [E-5] on 17 September 1969;

	d.  item 38 (Record of Assignments) that he received conduct and efficiency ratings of "excellent" throughout his entire period of military service; and
	
	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  A DA Form 137 (Installation Clearance Record), dated 19 May 1971, shows in the Remarks section that the applicant's conduct and efficiency were rated as "excellent" and that his commanding officer signed the form.

5.  There is no adverse information in the applicant's military service records.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 June 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service this period and 6 days of other service:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

   b.  Item 26a (Non-Pay Periods Time Lost) shows the entry "None."

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214:

   a.  U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 174, dated 11 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Badge.

   b.  U.S. Army Ordnance Center and School, Aberdeen Proving Ground, MD, Special Orders Number 105, dated 22 May 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The qualification badge is awarded to indicate the degree (i.e., Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated 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; 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.  The enlisted Soldier must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Army Good Conduct Medal because he served on active duty for 3 years and fulfilled the requirements for the award.

2.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.

* He was promoted to SP5 within 16 months of entering active duty
* He had no time lost
* There is no evidence of any disqualifying information
* He received conduct and efficiency ratings of "excellent" throughout his entire period of military service and his commanding officer confirmed this just seven days prior to him fulfilling the qualifying period of active duty

3.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records.

4.  The applicant served a qualifying period of service in the Republic of Korea for the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  The applicant qualified Sharpshooter with M-14 rifle on 5 July 1968, Expert on 18 May 1970, and he was awarded the appropriate badges.  The Expert qualification is a higher degree of marksmanship than Sharpshooter.  Therefore, it would be appropriate to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

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.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 27 May 1968 to 26 May 1971;

	b.  deleting the "sharpshooter Badge M14" from item 24 of his DD Form 214; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Korea Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.




      _______ _   _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)                                         AR20100009084



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ABCMR Record of Proceedings (cont)                                         AR20100009084



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