IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110001632 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Expert Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal, and European Service Medal.

2.  The applicant states that nothing is listed on his DD Form 214.

3.  The applicant provides a copy of 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 30 May 1959 and upon completion of initial entry training he was awarded military occupational specialty 053.10 (Radio Teletypewriter Operator).

3.  His DA Form 24 (Service Record) shows in:

	a.  Section 1 (Appointments, Promotion or Reductions) that he was reduced in rank/grade from specialist four (SP4)/E-4 to private first class (PFC)/E-3 on 
24 May 1961;

	b.  Section 4 (Chronological Record of Military Service) that he received "excellent" conduct and efficiency ratings at most of his active duty assignments. His efficiency rating for the period 11 December 1959 - 12 August 1961 is "unknown" and his conduct rating for the period 15 August 1961 - 5 May 1962 is shown as "fair";

	c.  Section 5 that he served in Germany from 9 December 1959 to 16 May 1962; and

	d.  Section 9 (Medals, Decorations, and Citations) that he was awarded the Expert Marksmanship Qualification Badge with Carbine and Rifle Bars by Headquarters, 46th Artillery Group special orders.

4.  He was released from active duty in the rank of SP4/E-4 after completing
2 years, 11 months, and 17 days of active service.  Item 13a (Character of Service) shows he was given an Under Honorable Conditions (General) character of service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show any awards.

5.  Army Regulation 672-5-1 (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, 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.  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.

6.  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.  Section 9 of the applicant's DA Form 24 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine and Rifle Bars.  Therefore, these badges should be added to his DD Form 214.

2.  He served a period of qualifying service for award of the National Defense Service Medal.  Therefore, this award should be added to his DD Form 214.

3.  His conduct was rated "fair" for the period 15 August 1961 - 5 May 1962 and his service was characterized as General, Under Honorable Conditions upon release from active duty.  He was not given a fully honorable characterization of service and/or a conduct rating of "excellent" during the above-mentioned period of service; therefore, it appears he did not meet the criteria for award of the Army Good Conduct Medal.  This portion of his request should be denied.

4.  The applicant requested correction of his DD Form 214 to show the European Service Medal.  However, Army Regulation 600-8-22 does not identify the European Service Medal as an authorized award.  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 amending item 26 of his DD Form 214 to show the National Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and Expert Marksmanship Qualification Badge with Rifle Bar.

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 award of the Army Good Conduct Medal and the European Service Medal.  




      _______ _   __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)                                         AR20110001632



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ABCMR Record of Proceedings (cont)                                         AR20110001632



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