IN THE CASE OF:	  

		BOARD DATE:	22 February 2012

		DOCKET NUMBER:  AR20110016625


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, in effect, award of the Army Good Conduct Medal (AGCM), and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the AGCM and the National Defense Service Medal (NDSM).

2.  The applicant states he served honorably between 1 January 1961 and        14 August 1974, the dates established by Department of Defense directives regarding the NDSM award criteria.  He states he is eligible for these awards, since he served a period of time within timeframes prescribed for each award.

3.  The applicant provides no additional evidence in support of his request.

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 into the Regular Army on 18 March 1960.  He completed training and was awarded military occupational specialty 982.10 (Traffic Analyst).

3.  On 17 March 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 3 years of net service during this period of active duty.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 is void of any award entries.

4.  There is no evidence in the available records that shows he was awarded the AGCM; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

5.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

6.  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 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.  There must have been no convictions by a court-martial.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

8.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar, on         27 April 1960, by Special Order Number 8, Headquarters, 4th Training Regiment, Fort Dix, NJ, dated 2 May 1960
* Marksman Marksmanship Qualification Badge with Carbine Bar, on 28 October 1961, by Special Order Number 156, Headquarters, U.S. Army Security Agency, Fort Meade, MD, dated 28 September 1961

10.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The 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 qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the AGCM for service on active duty between         18 March 1960 and 17 March 1963.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, he should be awarded the AGCM (1st Award), for the period 18 March 1960 and 17 March 1963, and his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he completed a qualifying period of service for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.









BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period   18 March 1960 and 17 March 1963;

   b. Amending item 24 of his DD Form 214 to add the: 

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110016625



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