PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           14 January 1999
	DOCKET NUMBER:   AC98-08436
                                              AR1998013999

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Ms. Kathleen A. Newman 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show entitlement to award of the Army of Occupation Medal; the National Defense Service Medal; the Expert Qualification Badge for the M60 Machinegun, the M-16 Rifle, .45 Caliber Pistol and 40MM Grenade Launcher; the Good Conduct Medal; the Air Assault Badge; and the Expert Infantryman Badge.  He also requests correction of his rank and pay grade to show Specialist Four and pay grade E-4.

3.  The applicant states these are the awards he deserves.

4.  The applicant’s military records show that he enlisted on 31 January 1977.  He served in Berlin from 24 June 1977 to 9 June 1978, when he was medically evacuated.  He was placed on the Temporary Disabled Retired List on 7 June 1979.  Based on 29 July 1980 Physical Evaluation Board Proceedings, he was placed on the Permanent Disability Retired List, in pay grade E-3.

5.  The applicant’s DD Form 214 (Report of Separation from Active Duty), with a separation date of 6 June 1979, does not show the National Defense Service Medal, the Good Conduct Medal, the Air Assault Badge or the Expert Infantryman Badge, but does show award of the Army of Occupation Medal.

6.  The applicant’s records show he qualified for the Expert Qualification Badge on the M-16 Rifle and the M-60 Machine Gun.  Further, he qualified for the Marksman Qualification Badge with the Hand Grenade.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

8.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified. 

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Army of Occupation Medal for service in Berlin, Germany.

2.  There is no evidence of disciplinary action or notice of nonfavorable consideration by the commander; therefore, the applicant is entitled to award of the Good Conduct Medal for the period 31 January 1977 to 6 June 1979.

3.  The applicant is entitled to award of the Expert Qualification Badge with component bars for the Rifle and the Machine Gun and award of the Marksman Qualification Badge with the Hand Grenade bar.

4.  There is no evidence the applicant was entitled to award of the Expert Qualification Badge with bar for the .45 caliber pistol or Hand Grenade; the Air Assault Badge or the Expert Infantryman Badge or to advancement to E-4.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Good Conduct Medal for the period 31 January 1977 to 6 June 1979; the Expert Qualification Badge with bars for the M-16 Rifle and the M-60 Machine Gun; and the Marksman Qualification Badge with the Hand Grenade bar.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

RVO____  SLP____  KAN_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-08436/AR1998013999	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.