IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018119 


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 was eligible for the Army Good Conduct Medal, but he was never issued the award.

3.  The applicant provides a copy of a letter from the National Personnel Records Center, St. Louis, MO, dated 7 June 2010, that indicates the applicant's military personnel records do not contain an order awarding him the Army Good Conduct Medal.

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 enlisted the Regular Army for a period of 3 years on 21 June 1960.  Upon completion of training he was awarded military occupational specialty 634.10 (Fuel and Electrical Systems Repairman).

3.  The applicant's DA Form 24 (Service Record) covering the period 21 June 1960 to 20 June 1963 shows in:

   a.  section I (Appointments, Promotions, or Reductions) he was promoted to specialist four (SP4)/pay grade E-4 (temporary) on 9 February 1962;

	b.  section 4 (Chronological Record of Military Service) he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service; and

	c.  section 9 (Medals, Decorations, and Citations) that he was awarded the 
Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar (2 August 1960), Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(6 September 1961), and Expert Marksmanship Qualification Badge with Carbine Bar (26 October 1962).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item
28 (Qualification in Arms) that he qualified Sharpshooter with the M-1 Rifle on
6 September 1961 and Expert with the carbine on 26 October 1962.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge) shows he was honorably released from active duty on
20 June 1963 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.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "None."

6.  There are no orders in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal.  There is also no adverse information in the applicant's military personnel records and no evidence the applicant's commander disqualified him from the award.

7.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.

8.  There is no evidence the applicant was authorized the National Defense Service Medal.

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

	a.  The National Defense Service Medal 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; and

	b.  The marksmanship 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 most recently qualified.

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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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 person 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 records should be corrected to show he was awarded the Army Good Conduct Medal because he was eligible for the award, but it was not issued to him.

2.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 21 June 1960 through 20 June 1963:

   a.  He was promoted to SP4 (E-4) with just over 1 year and 7 months of active service;

   b.  He received conduct and efficiency ratings of "excellent" throughout his entire period of active service; and
   c.  There is no evidence of any disqualifying information in his military personnel records.

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 evidence of record shows the applicant qualified for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his
DD Form 214 to show this service medal.

5.  The evidence of record shows the applicant qualified:

	a.  Marksman with the M-1 Rifle on 2 August 1960 and Sharpshooter with the M-1 Rifle on 6 September 1961;

   b.  Sharpshooter with the carbine on 6 September 1961 and Expert with the carbine on 26 October 1962; 

	c.  The evidence of record also shows the marksmanship qualification badge is awarded with an appropriate bar to denote each weapon with which the Soldier has most recently qualified; and

	d.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with (M-1) Rifle Bar and Expert Marksmanship Qualification Badge with Carbine 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 (First Award) for exemplary conduct, efficiency, and fidelity from 21 June 1960 to 20 June 1963;

	b.  deleting from item 26 of his DD Form 214 the entry "None"; and

	c.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (First Award), National Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with (M-1) Rifle 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)                                         AR20100018119



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ABCMR Record of Proceedings (cont)                                         AR20100018119



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