BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140014036 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal and the Army Good Conduct Medal.

2.  The applicant states his DD Form 214 does not indicate either medal was awarded.

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 22 June 1959.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 951.10 (Military Policeman).

3.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows he attained qualification with the following weapons systems:

* he qualified "sharpshooter" with the machine gun on 14 April 1960
* he qualified "expert" with the rifle on 29 September 1960 
* he qualified "expert" with the .45 caliber pistol on 19 September 1961

4.  On 14 June 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 indicates he did not receive any awards during his period of active military service.

5.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

6.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received all  "excellent" conduct and efficiency ratings throughout his entire period of active military service.

7.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one 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 three years but more than one year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.  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 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. 

9.  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.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Good Conduct Medal and the National Defense Service Medal was carefully considered.

2.  The applicant served on active duty during the period 22 June 1959 through     14 June 1962.  During this period, he received all "excellent" conduct and efficiency ratings.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 22 June 1959 through 14 June 1962, and his DD Form 214 should be corrected to show this award.

3.  He served a qualifying period of service for award of the National Defense Service Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His DA Form 24 shows he was authorized the Sharpshooter Marksmanship Qualification Badge with MachineGun Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar, based on his demonstrated qualification with these weapons systems.  These awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

BOARD VOTE:

___X_____  ___X_____  ___X_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period  22 June 1959 through 14 June 1962; and

* amending his DD Form 214 to add the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar 



      _________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)                                         AR20140014036





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ABCMR Record of Proceedings (cont)                                         AR20140014036



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