IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110002259 


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 he be awarded marksmanship badges for the M-1 Garand and the .45 caliber pistol.  He also requests an award for his Korean service.

2.  The applicant states he qualified with the M-1 Garand and the .45 caliber pistol.  He states he served in Korea.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  He enlisted in the Regular Army on 14 September 1961 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 111.60 (Light Weapons Infantryman).

3.  Headquarters, 4th Training Regiment (Basic Combat Training), U.S. Army Training Center (USATC), Armor, Fort Knox, KY, Special Orders Number 203, dated 7 November 1961, awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar.

4.  Headquarters, 3rd Training Regiment, USATC, Infantry, Fort Gordon, GA, issued the following orders:

	a.  Special Order Number 7, dated 10 January 1962, awarded him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

	b.  Special Order Number 10, dated 16 January 1962, awarded him the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machine Gun Bar.

5.  He was assigned to the 1st Brigade, 17th Infantry, in the Republic of Korea from 30 April 1962 to 24 April 1963.

6.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, Special Orders Number 243, dated 31 August 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

7.  He was promoted to sergeant/pay grade E-5 on 17 May 1964.

8.  There are no orders in his military records awarding him a marksmanship qualification badge for the .45 caliber pistol.

9.  On 12 September 1964, he was released from active duty.  He completed 2 years, 11 months, and 29 days of net service during this period.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "None."

10.  His DA Form 24 (Service Record) shows he received "excellent" ratings for conduct and efficiency throughout his period of service.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period from 1 January 1961 through 14 August 1974.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 14 September 1961 to 12 September 1964.

2.  Based on his period of service he is authorized the National Defense Service Medal.  Based on his service in the Republic of Korea he is authorized the Korea Defense Service Medal.

3.  Orders in his military records show he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-1) Bars

4.  There is no evidence of him qualifying with or being awarded a marksmanship qualification badge for the .45 caliber pistol.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period of service from 14 September 1961 to 12 September 1964.

2.  In addition, 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 he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-1) Bars

3.  The Board further determined 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 a marksmanship qualification badge for the .45 caliber pistol.



      _____________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)                                         AR20110002259



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ABCMR Record of Proceedings (cont)                                         AR20110002259



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