BOARD DATE:	23 May 2012  

		DOCKET NUMBER:  AR20110023037 


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 award of the:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Grenade Bar

2.  The applicant states he completed 3 years of active service and he earned the Expert Marksmanship Qualification Badge with Grenade Bar during basic training at Fort Jackson, South Carolina.

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty).

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's records show he enlisted in the Regular Army on 5 September 1972.  He completed basic combat and advanced individual training (AIT) and he was awarded military occupational specialty 91B (Medical Specialist).

3.  His records show that while undergoing AIT, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.

4.  He also completed the Basic Airborne Course and he was subsequently reassigned to the 2nd Battalion, 325th Infantry, Fort Bragg, NC.

5.  While at Fort Bragg, he accepted NJP under the provisions of Article 15 of the UCMJ for being absent without leave (AWOL) from 30 September to 4 October 1974.  He was reduced to private first class/E-3.

6.  A DA Form 2496 (Disposition Form), dated 1 July 1975, to the applicant's commander from the Chief of the Enlisted Records Branch indicated the applicant was eligible for award of the Army Good Conduct Medal for the period 14 September 1972 through 14 September 1975.  The Enlisted Records Branch Chief requested the commander's recommendation within 7 days.

7.  There is no indication in the applicant's records that his commander recommended him for or disqualified him from award of the Army Good Conduct Medal.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Good Conduct Medal or the Expert Marksmanship Qualification Badge with Grenade Bar.

9.  He was honorably released from active duty on 14 September 1975.  He completed 3 years of creditable active service and had 10 days of lost time.  Additionally, his DD Form 214 shows he was not fully eligible for reenlistment at the time of his separation.

10.  His DD Form 214 also shows he was awarded the National Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  The applicant's records do not contain orders awarding him the Army Good Conduct Medal.

12.  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.  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.

13.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides for the following awards:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is each 3 years 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; 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; for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty; and for the first award only, for those individuals who died before completing 1 year of active Federal military service if the death occurred in the line of duty.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service; however, they are no longer required for award of marksmanship qualification badges.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's honorable service to our Nation is not in question.  However, his record is void of any recommendation for and/or orders that show he was recommended for or awarded the Army Good Conduct Medal.  Additionally, he received NJP on two occasions (one of which led to his reduction in grade), he had lost time due to AWOL, and he was not fully eligible for reenlistment.  Despite the absence of a disqualification memorandum, it is reasonable to presume that his commander did not deem him worthy of the Army Good Conduct Medal.  Therefore, there is insufficient evidence to award him the Army Good Conduct Medal.

2.  With respect to the marksmanship qualification badge, there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with the hand grenade and the degree of qualification.  In the absence of orders or other documentary evidence such as a memorandum, letter, roster, or other locally-devised form showing the date and class of qualification, there is insufficient evidence to grant the applicant relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20110023037



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ABCMR Record of Proceedings (cont)                                         AR20110023037



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