PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            24 February 1999                  
	DOCKET NUMBER:   AC98-11947
                                              AR1998013593

	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	
	Ms.	Joyce A. Wright		Analyst	

	The following members, a quorum , were present:

	Mr. 	Calvin M. Fowler		Chairperson	
	Mr. Ms.	Mark D. Manning
Barbara J. Ellis		Member
Member				Member	

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

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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, in effect, that he be awarded the Armed Forces Expeditionary Medal (AFEM).

3.  The applicant states, in effect, that he served in Laos and was authorized the Armed Forces Expeditionary Medal; however, the award is not reflected on his records.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 29 September 1958 as a combat engineer.  He served in Laos from 3 May 1961 to 25 October 1961 and was honorably discharged on 1 May 1962.

5.  The applicant’s DD Form 214 shows he was awarded the Parachute Badge.  

6.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal, the Sharpshooter Qualification Badge (Carbine M-1) and the Marksmanship Badge with Carbine Bar which are not shown on his DD Form 214.

7.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory
information contained in the available records.

8.  The applicant’s personnel records show he was awarded the Sharpshooter Qualification Badge with Rifle Bar on 5 January 1960 and the Marksmanship Qualification Badge with Carbine Bar on 4 March 1961.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after         1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the areas of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation and show the Armed Forces Expeditionary Medal was authorized for service in Laos from 19 April 1961 to 7 October 1962.

10.  Army Regulation 600-8-22 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.  There is evidence that the applicant served a period of qualifying service for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his records to show award of the Armed Forces Expeditionary Medal.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 29 September 1958 to 1 May 1962 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the Sharpshooter Qualification Badge with Rifle Bar and the Marksmanship Qualification Badge with Carbine Bar; therefore, he is entitled to correction of his records to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

	a.  by showing in item 26 of his DD Form 214 that he was awarded the Armed Forces Expeditionary Medal;

	b.  by showing in item 26 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 29 September 1958 to 1 May 1962; and

	c.  by showing in item 26 of his DD Form 214 that he was awarded the Sharpshooter Qualification Badge with Rifle Bar and the Marksmanship Qualification Badge with Carbine Bar.

BOARD VOTE:  

CMF____  MDM____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler
		CHAIRPERSON