IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110018560 


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 that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM) be corrected to reflect awards of the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), the Sharpshooter Marksmanship Badge with rifle bar and any other awards to which he is entitled.

2.  The applicant states that the DD Form 214 of the FSM does not reflect the awards of the AGCM, NDSM or the Sharpshooter Marksmanship Badge with rifle bar or any other awards.

3.  The applicant provides a copy of the FSM’s DD Form 214, two pages from his Service Record (DA Form 24) and a copy of the FSM’s death certificate. 

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in Beckley, West Virginia on 17 September 1958 for a period of 3 years.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a combat engineer at Fort Leonard Wood, Missouri before being transferred to Germany on 26 February 1959.

2.  He was assigned to Company D, 12th Engineer Battalion in Dexheim, Germany and on 22 June 1959 he qualified as a Sharpshooter with the M1 rifle.  On 28 July 1960,  he qualified as Marksman with the M1 rifle, which replaced his previous qualification.
3.  He departed Germany on 10 February 1961 and was transferred to Fort Meade, Maryland where he remained until he was honorably released from active duty (REFRAD) on 16 September 1961.  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he had no decorations or awards.

4.  A review of the FSM’s records show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.  His records also show no indication of authorization for additional awards.

5.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

6.  Army Regulation 600-65, 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by 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.

7.  Army Regulation 600-8-22 (Military Awards) 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.  

(Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.)

Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM’s DD Form 214 does not reflect his decorations and awards has been noted and found to have merit.

2.  After carefully examining the FSM’s record of service, it appears that he should have received the first award of the AGCM for his service from 17 September 1958 through 16 September 1961.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the FSM from being awarded the AGCM and the lack of any specific action by the FSM’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the FSM not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the FSM the AGCM (1st Award) and correcting his DD Form 214 to show this award.

3.  The FSM also served during a qualifying period for award of the NDSM.  Accordingly, it should be awarded at this time and added to his DD Form 214.

4.  The FSM also qualified as Marksman with the M1 rifle.  Accordingly, he should be awarded the Marksman Marksmanship Badge with rifle bar and it should be added to his DD Form 214 at this time.

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:

* Awarding the FSM the AGCM (first award) for the period of 17 September 1958 through 16 September 1961 and adding it to his DD Form 214
* Awarding the FSM the NDSM and adding it to his DD Form 214
* Awarding the FSM the Marksman Marksmanship Badge with rifle bar and adding it to his DD Form 214

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 Sharpshooter Marksmanship badge.



      _______ _   _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)                                         AR20110018560





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ABCMR Record of Proceedings (cont)                                         AR20110018560



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