IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021283 


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 award of the Army Good Conduct Medal (AGCM).  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his marksmanship qualification with the mortar, recoilless rifle, and .45 caliber pistol.

2.  The applicant states he never received the AGCM and not all of his qualification badges are on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 in the Regular Army on 31 March 1959.  Upon completion of training he was awarded military occupational specialty VP-901.17 (Air Traffic Controller).

3.  Special Orders Number 126, issued by Headquarters, 1st Battle Group,
87th Infantry, Fort Benning, GA, dated 16 July 1959, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Mortar (88mm) Bar.

4.  Special Orders Number 138, dated 12 August 1959, issued by the same headquarters, awarded him the Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar.

5.  There are no orders or any other evidence in his Official Military Personnel File (OMPF) that shows he was awarded a marksmanship badge with pistol bar.

6.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings through his service.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the 1st award of the AGCM.

7.  On 30 April 1962, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 3 years and 1 month of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows two Letters of Commendation, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Carbine Bar.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank/grade of SP4/E-4.  His record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded the award of the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active service from 31 March 1959 through 30 March 1962 and correction of his
DD Form 214 to show this award.

2.  He served on active duty from 31 March 1959 through 30 April 1962; therefore, he served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His OMPF contains orders showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Mortar and Recoilless Rifle Bars.  Therefore, his DD Form 214 should be corrected to show these qualification badges.

4.  There are no orders or any other evidence in his OMPF that shows he was awarded a marksmanship qualification badge with pistol bar.  Therefore, this portion of his request should be denied.

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 him the Army Good Conduct Medal (1st Award) for the period
31 March 1959 through 30 March 1962; and
	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with  Recoilless Rifle Bar

2.  The Board further determined that the evidence presented was 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 a marksmanship qualification badge with pistol bar 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)                                         AR20100021283



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ABCMR Record of Proceedings (cont)                                         AR20100021283



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