BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120008319 


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 for his first period of active duty from 1959 to 1962; and
   
   b.  award of marksmanship qualification badges for the M-1, M-14, and M-16 rifles, M-60 machine gun, M-79 grenade launcher, and .45 caliber pistol.   	 

2.  The applicant states:

* He never received the Army Good Conduct Medal for his first period of active duty from 1959 to 1962
* He should have been awarded the M-1 Rifle Bar, M-14 Rifle Bar, M-16 Rifle Bar, M-60 Machine Gun Bar, M-79 Grenade Launcher Bar, and .45 Caliber Pistol Bar during basic training
* His original records in St. Louis were destroyed
* The re-creation shows no awards
* He was awarded the Drivers Badge twice

3.  The applicant provides a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 23 January 2012. 




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 in the Regular Army (RA) on 5 February 1959 for a period of 3 years.  He completed his training and was awarded military occupational specialty 164.10 (field artillery missile crewman).  On 3 November 1962, he was honorably released from active duty in the rank of private first class after completing 3 years, 8 months, and 29 days of creditable active service with no time lost. 

3.  His DD Form 214 for the period ending 3 November 1962 does not show any authorized awards.

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal for the period 5 February 1959 to 4 February 1962.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal for this period.  

5.  Orders, dated 18 January 1962, show he received the Drivers Badge.

6.  He enlisted in the RA on 22 November 1963 and remained on active duty through continuous reenlistments.  

7.  Orders, dated 31 July 1965, show he received the first award of the Army Good Conduct Medal for the period 1 August 1962 to 31 July 1965.  It appears these dates are incorrect because he was not on active duty from 4 November 1962 to 21 November 1963.

8.  Orders, dated 14 September 1967, show he received the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.

9.  Orders, dated 6 October 1967, show he completed the familiarization course with the M-79 Grenade Launcher.  There are no orders which show he received a marksmanship qualification badge for the M-79 Grenade Launcher. 

10.  Orders, dated 11 October 1967, show he completed the familiarization course with the M-60 Machine Gun.  There are no orders which show he received a marksmanship qualification badge for the M-60 Machine Gun. 

11.  The available records do not contain orders for the second award of the Army Good Conduct Medal but orders, dated 24 July 1968, amended the missing orders to show he received the "Good Conduct Medal Clasp (Second Award)."

12.  Orders, dated 16 July 1969, show he received the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar.

13.  Orders, dated 22 September 1971, show he received the third award of the Army Good Conduct Medal for the period 31 July 1968 to 1 August 1971.  Orders, dated 7 February 1972, also show he received the third award of the Army Good Conduct Medal for the period 31 July 1968 to 30 July 1971.

14.  Orders, dated 18 November 1974, show he received the fourth award of the Army Good Conduct Medal for the period 31 July 1971 to 30 July 1974.

15.  Orders, dated 21 December 1977, show he received the fifth award of the Army Good Conduct Medal for the period 31 July 1974 to 30 July 1977.  
 
16.  He retired on 29 February 1980 in the rank of sergeant first class.

17.  His DD Form 214 for the period ending 29 February 1980 shows the:

* National Defense Service Medal
* Drivers Badge
* Good Conduct Medal Clasp (5th Award)
* Army Commendation Medal

18.  There are no orders for marksmanship qualification badges with M-1 Rifle Bar or .45 Caliber Pistol Bar in the available records.

19.  There is no evidence of record which shows he qualified with the M-1 Rifle or .45 Caliber Pistol. 


20.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  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.

21.  Army Regulation 600-8-22 (Military Awards) states 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 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

22.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Good Conduct Medal for his first period of active duty service from 1959 to 1962.  

2.  Evidence shows he was honorably released from active duty on 3 November 1962 in the rank of private first class with over 3 years of total active service and no lost time.  Since he had no record of any disciplinary action or a commander's disqualification, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 5 February 1959 through 4 February 1962 based on completion of three years.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for this period.



3.  Orders show he received five awards of the Army Good Conduct Medal during the period 1 August 1962 to 30 July 1977 but some of these orders contain incorrect or overlapping dates.  At this time, it would be appropriate to revoke the existing orders for these five awards of the Army Good Conduct Medal and issue new orders by:

	a.  awarding him the second award of the Army Good Conduct Medal for the period 22 November 1963 through 21 November 1966;

	b.  awarding him the third award of the Army Good Conduct Medal for the period 22 November 1966 through 21 November 1969;

	c. 	awarding him the fourth award of the Army Good Conduct Medal for the period 22 November 1969 through 21 November 1972;

	d.  awarding him the fifth award of the Army Good Conduct Medal for the period 22 November 1972 through 21 November 1975; and

   e.  awarding him the sixth award of the Army Good Conduct Medal for the period 22 November 1975 through 21 November 1978.

4.  Orders show he received the Expert Marksmanship Qualification Badge with M-14 Rifle Bar and Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar.  His DD Form 214 for the period ending 29 February 1980 should be corrected to show these marksmanship qualification badges.
  
5.  Evidence shows he completed familiarization courses for the M-60 Machine Gun and M-79 Grenade Launcher but familiarization courses are not qualification courses.  Since there are no orders which show he received marksmanship badges for these weapons, there is insufficient evidence on which to base adding these marksmanship qualification badges to his DD Form 214 for the period ending 29 February 1980.  

6.  There is no evidence of record and the applicant did not provide any evidence that shows he qualified for or received the marksmanship qualification badge with M-1 Rifle Bar or .45 Caliber Pistol Bar.  Therefore, there is insufficient evidence on which to add these marksmanship qualification badges to his DD Form 214 for the period ending 29 February 1980.





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:

	a.  revoking the existing orders for the applicant's five awards of the Army Good Conduct Medal covering the period 1 August 1962 to 30 July 1977;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 5 February 1959 through 4 February 1962;

   c.  awarding him the second award of the Army Good Conduct Medal for the period 22 November 1963 through 21 November 1966;

	d.  awarding him the third award of the Army Good Conduct Medal for the period 22 November 1966 through 21 November 1969;

	e. 	awarding him the fourth award of the Army Good Conduct Medal for the period 22 November 1969 through 21 November 1972;

	f.  awarding him the fifth award of the Army Good Conduct Medal for the period 22 November 1972 through 21 November 1975; 

   g.  awarding him the sixth award of the Army Good Conduct Medal for the period 22 November 1975 through 21 November 1978; 
   
   h.  deleting the entry "Good Conduct Medal Clasp (5th Award)" from his 
DD Form 214 for the period ending 29 February 1980; and  
   
   
   
   i.  adding the Army Good Conduct Medal (6th Award), Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar to his DD Form 214 for the period ending 29 February 1980.  

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 marksmanship qualification badges for the M-1 Rifle, M-60 Machine Gun, M-79 Grenade Launcher, or .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)                                         AR20120008319



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ABCMR Record of Proceedings (cont)                                         AR20120008319



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