IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130003151 


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 Good Conduct Medal and the Overseas Service Ribbon.

2.  The applicant states the awards are not listed on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214, his discharge orders, Honorable Discharge Certificate, a Letter of Commendation, and a Certificate of Achievement. 

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 on 7 August 1964, completed training, and was awarded military occupational specialty (MOS) 36A (Field Communication Crewman) with subsequent award of MOS 76S (Automotive Repair Parts Specialist). 

3.  On 9 October 1965 the applicant was give a Letter of Commendation for his efforts during a Command Maintenance Materiel Inspection.

4.  On 6 August 1967 the U.S. Army V Corps awarded the applicant a Certificate of Achievement for the period August 1966 through August 1967.

5.  The applicant qualified as a marksman with the M-14 rifle on 8 September 1965 and as a sharpshooter on 20 December 1965.

6.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* the applicant's conduct and efficiency ratings are recorded as “excellent”
* service in Germany from 9 January 1965 through 6 August 1967
* his awards are the Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the National Defense Service Medal
* promotion to sergeant (E-5) on 12 December 1966

7.  The applicant was released from active duty on 6 August 1967 with 3 years of creditable active service.  His DD Form 214 lists his awards as the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards provides the following:

   a.  The Good Conduct Medal is awarded to individuals who distinguish themselves by his 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than “excellent” was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires 
that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20;
   
   b.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981 and is awarded to members of the U.S. Army for successful completion of overseas tours; and
   
   c.  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 Overseas Service Ribbon was not created until 14 years after his release from active duty; therefore, he is not entitled to this award.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 7 August 1964 through 6 August 1967.

3.  The applicant qualified as sharpshooter after he qualified as a marksman.  In accordance with the governing regulation his second qualification automatically revokes the earlier qualification.  The applicant's DD Form 214 shows the earlier award and should be amended to correctly reflect the award as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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.  deleting the entry Marksman Marksmanship Qualification Badge with Rifle Bar from the DD Form 214; 
   
   b.  awarding the applicant the Good Conduct Medal for his period of service from 7 August 1964 through 6 August 1967; and
   
   c.  adding to the DD Form 214 the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 Overseas Service Ribbon.  




      ___________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)                                         AR20130003151





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ABCMR Record of Proceedings (cont)                                         AR20130003151



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