IN THE CASE OF:	

		BOARD DATE:	20 August 2013

		DOCKET NUMBER:  AR20130002029 


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 his records be corrected to show he was awarded the National Defense Service Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states he does not feel his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) correctly reflects the awards and medals that he is entitled to wear based on his service in the Army from 1964 to 1966.  He also served in the Individual Ready Reserve (IRR) until 1970.

3.  The applicant provides copies of his service records including his
DA Form 20 (Enlisted Qualification Record) and DD Form 214.

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 was inducted into the Army on 13 May 1964.  He held military occupational specialty (MOS) 52B (Power Generation Equipment Operator).

3.  His DA Form 20 shows in:

	a.  item 29 (Qualification in Arms) he qualified marksman with the M-14 rifle on 8 March 1966.

	b.  item 38 (Record of Assignments) he was assigned, in Germany, to the following units:

* 19 October 1964 to 16 February 1965, Company C, 17th Signal Battalion
* 17 February to 6 October 1965, Headquarters Detachment,
516th Signal Group
* 7 October to 30 October 1965, Headquarters, U.S. Army Europe Signal Support Company
* 1 November 1965 to 20 April 1966, U.S. Army Transportation Communications Company 

	c.  item 38 he received all "excellent" conduct and efficiency ratings except for "good" conduct and efficiency ratings during the period 13 May to 6 August 1964 while attending basic combat training.

	d.  item 41 (Awards) shows the Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His available records do not show any awards or other weapons qualification.

5.  The applicant was released from active duty effective 3 May 1966 as a specialist four (SP4)/E-4.  He completed 1 year, 11 months, and 21 days of total active service.  His DD Form 214 shows he was awarded the Marksmanship Qualification Badge with Rifle Bar.

6.  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.

7.  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.  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.

8.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 13 May 1964 to 3 May 1966.  He served a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant did not receive all "excellent" conduct and efficiency ratings during his period of active duty service.  Therefore, he is not entitled to award of the Army Good Conduct Medal.

3.  There is no evidence of record and the applicant did not provide any evidence showing he qualified for award of the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  The DD Form 214 is a record of a Soldier’s most recent period of continuous active duty.  Therefore, the applicant’s subsequent service in the IRR would not be recorded on the form.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 to his DD Form 214 the National Defense Service Medal.

2.  The Board further determined 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 and adding to his DD Form 214 the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar or to show his subsequent  Individual Ready Reserve service.



      _______ _   _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)                                         AR20120007210



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ABCMR Record of Proceedings (cont)                                         AR20130002029



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