IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011412 


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, in effect, correction of his 6 January 1979 DD Form 214 to show the following awards:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with rifle bar
* Overseas Service Ribbon
* All unit citations

2.  The applicant states his DD Form 214 incorrectly lists his qualification badge as marksman.  He adds he wore the expert qualification badge proudly as is verified in a photograph taken in his uniform.  The applicant concludes that he served during a non-conflict period and he deserves his awards and decorations to be listed on his separation document.

3.  The applicant does not provide any additional documents 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 on 7 January 1976.  He served in Germany from 13 July 1976 to on or about 1 January 1979 and was assigned to Combat Support Company, 1st Battalion, 6th Infantry, 
1st Armored Division.  The applicant was honorably released from active duty on 
6 January 1979.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  Marksman Marksmanship Qualification Badge with rifle bar and Sharpshooter Marksmanship Qualification Badge with grenade bar.

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the entry of Rifle M-16 Marksman Marksmanship Qualification Badge, 22 June 1978 and Hand Grenade, Sharpshooter Qualification Badge, 10 June 1976.  

5.  The applicant's records show that during his military service he was promoted from private, E-1 to specialist, E-4 and was recommended and considered for promotion to E-5.  His records contain no adverse actions or documentation during this period. 

6.  The U.S. Army Human Resources Command awards and decorations website lists all approved unit awards.  The website does not show the 6th Infantry, 1st Armored Division, to which the applicant was assigned, as receiving any unit citations/awards during the applicant's tenure.

7.  Army Regulation 600-8-22 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.  

8.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – 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.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  There is no adverse information contained in the applicant’s records and there is no documentation disqualifying him from award of the AGCM.  Therefore, in the interest of equity and justice, it would be appropriate to correct the applicant’s records to show that he is entitled to the award of the AGCM for the period 
7 January 1976 to 6 January 1979.

2.  The applicant's DA Form 2-1 shows on 22 June 1978 he qualified as marksman with his M-16 rifle.  There is no evidence and the applicant did not provide any to show he qualified as expert with the M-16 rifle on a later date.  As cited above, a later qualification automatically revokes a previous qualification.  Therefore, the applicant may have, at one time, qualified as expert, but the latest qualification is the one required to be listed on his DD Form 214.  

3.  While the evidence of record verifies the applicant's service in Germany from July 1976 to January 1979, he is not entitled to the award of the Overseas Service Ribbon.  The applicant did not have an Active Army status on or after
1 August 1981 as required for qualification for this award.  Therefore, the evidence does not justify correcting his records to show the Overseas Service Ribbon.

4.  There is no evidence and the applicant has not provided any to show that his unit was awarded any type of unit citations/awards during his tenure.  As such, he is not entitled to correction of his DD Form 214 to show any unit awards.

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 awarding him the AGCM for the period 7 January 1976 to 6 January 1979 and adding it to item 26 of his 6 January 1979 DD Form 214.

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 the Expert Marksmanship Qualification Badge with rifle bar, the Overseas Service Ribbon, and all unit citations.



      _______ _  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)                                         AR20100011412





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ABCMR Record of Proceedings (cont)                                         AR20100011412



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