IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019045
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:
a. award of the Army Good Conduct Medal; and
b. an expert marksmanship qualification badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states it was a clerical error.
3. The applicant provides:
* DD Form 214
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* two DA Forms 24 (Service Record)
* DA Form 26 (Record of Court Martial Conviction)
* DD Form 735 (Health Record Abstract of Service)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on
26 September 1960. He served as a light weapons infantryman in Germany and he was released from active duty on 25 September 1962 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows the Army of Occupation Medal (Berlin) as an authorized award.
4. There are no orders for the Army Good Conduct Medal in the available records.
5. Section 4 (Chronological Record of Military Service) of his Service Record shows he had conduct and efficiency ratings of "Good" during the period 9 March 1961 to 20 June 1961 and "Fair" during the period 13 June 1962 to 8 July 1962.
6. Section 9 (Medals, Decorations, and Citations) of his Service Record shows entitlement to the:
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1 Carbine)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
8. 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. There are no orders for the Army Good Conduct Medal in the available records. His military records show he had conduct and efficiency ratings of "Good" and "Fair," which are disqualifying factors for award of the Good Conduct Medal. As such, he did not meet the eligibility criteria for the first award of the Army Good Conduct Medal.
2. The entries in section 9 of his Service Record which show he received the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1 Carbine), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rocket Launcher Bar are accepted as sufficient evidence on which to base adding these marksmanship badges to his DD Form 214.
3. He served a period of qualifying service for award of the National Defense Service Medal. His DD Form 214 should be corrected to show this medal.
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 adding the following awards to his DD Form 214:
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1 Carbine)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
* National Defense Service Medal
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.
_______ _ __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) AR20110019045
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ABCMR Record of Proceedings (cont) AR20110019045
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