IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100014925 


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 the following awards:

* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Excellence-in-Competition Badge, Rifle - Silver
* President's Hundred Tab
* All other awards he may be entitled to receive

2.  He states these awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He offers that after his separation from active duty, he served in the Active Reserve.  Therefore, he requests a review of his Reserve records and inclusion of those awards on his DD Form 214.

3.  He provides the following:

* Self-authored statement
* 26 October 1962 DD Form 214
* Letter, Subject:  Award of Excellence-in-Competition Badge, dated 
9 November 1962 with Appendix D
* General Orders Number 5, dated 20 August 1962
* Article, titled "Earning The President's Hundred Tab"



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 military personnel records show he was inducted into the Army of the United States on 27 October 1960.  He served 2 years on active duty (AD) and was honorably transferred to the United States Army Reserve (USAR) Control Group (Annual Training) on 26 October 1962.  

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list any awards or decorations.  

4.  His records contain two DA Forms 24 (Service Record), one form covers the period of his AD service and the other form includes his AD and USAR service. Section 2 (Chronological Record of Military Service) of his AD form lists his conduct and efficiency as "excellent."  Section 9 (Medals, Decorations, and Citations) of this form shows he qualified as expert with the M-1 Rifle.  The authority listed was Special Order 10, dated 21 January 1961, U.S. Training Center, 1st Infantry, Fort Jackson, South Carolina.  A copy of these orders was not contained in his personnel file.  His DA Form 24 during his AD and USAR service shows he served in the USAR until 26 October 1966.  There are no awards or decorations listed in Section 9 on this form. 

5.  General Orders Number 5, dated 20 August 1962, show he was awarded the President's Hundred Tab on 17 August 1962 for qualifying in the top 100 successful contestants in the President's Match.

6.  Letter, Subject:  Award of Excellence-in-Competition Badge, dated 
9 November 1962 verifies he qualified in the 1962 National Trophy Individual Rifle Match with a score of 242-17V.  As a result, he was awarded the Award of Excellence-in-Competition Badge, Rifle - Silver.

7.  The available evidence contains no indication the applicant committed any infractions which would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his active duty unit commanders.  

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation states decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 26 of the DD Form 214.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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.

10.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

11.  Army Regulation 672-5-1 states the President's Hundred Tab is awarded to each person who qualifies among the top 100 successful contestants in the President's Match held annually at the National Rifle Matches.

12.  Army Regulation 672-5-1 states the Excellence in Competition Badges are awarded to individuals in recognition of an eminent degree of achievement in target practice firing with the standard military service rifle or pistol.  Two types of Excellence in Competition Badges will be awarded to denote the outstanding performance in target practice and the progress toward distinguished designation.  A bronze Excellence in Competition Badge will be awarded to Army competitors who earn their first credit points regardless of credit value.  A silver Excellence in Competition Badge will be awarded an individual when 20 credit points have been earned. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings, he had no adverse actions, and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM for the period 27 October 1960 to 26 October 1962 and correction of his records to show this award.

2.  By regulation, the NDSM was authorized for honorable active duty service completed between 1 January 1961 and 14 August 1974.  As a result, he is entitled to this award and it should be added to his DD Form 214.

3.  The orders provided by the applicant and the Award of Excellence-in-Competition Badge letter show he was awarded the President's Hundred Tab and the U.S. Army Excellence in Competition Badge, Rifle - Silver.  Therefore, he is entitled to correction of his records to show these awards.

4.  There is no evidence and he did not provide any to show he received any type of awards during his service in the USAR.  Further, the DD Form 214 provides a record of active duty service at the time of release from active duty, retirement, or discharge.  Therefore, any awards received after his date of separation from AD (26 October 1962) are not authorized on this form.

5.  His DA Form 24 shows he qualified expert with the M-1 Rifle.  Therefore, it would be appropriate to add the Expert Marksmanship Qualification Badge with Rifle Bar [M-1] to his DD Form 214.

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 him the AGCM for the period 27 October 1960 to 26 October 1962; and

   b.  adding to item 26 of his DD Form 214 the AGCM, NDSM, President's Hundred Tab, U.S. Army Excellence in Competition Badge, Rifle - Silver, and the Expert Marksmanship Qualification Badge with Rifle Bar [M-1].



   _______ _   __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)                                         AR20100014925





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ABCMR Record of Proceedings (cont)                                         AR20100014925



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