PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            11 August 1999    
	DOCKET NUMBER:   AR1999017973

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 DD Form 214 (Report of Separation from Active Duty) to show award of the Meritorious Service Medal, the second  award of the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal, the National Defense Service Medal, two awards of the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Expert (Rifle) Qualification Badge and the Expert (Pistol) Qualification Badge. 

3.  The applicant states that these items were omitted from his DD Form 214 and that the supporting documentation in his 201 file. 

4.  The applicant’s military records show that he enlisted on 1 July 1973 for a period of 3 years.  He served as a carpenter in Germany from 20 March 1974 to 21 June 1976 and was honorably discharged on 30 June 1976.  His DD Form 214, which was authenticated in his own hand, does not reflect any authorized awards. 

5.  There is no indication in the applicant’s records that he was recommended for or awarded the Meritorious Service Medal.     

6.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the first award of the Good Conduct Medal.  However, his records show four nonjudicial punishments during his three-year enlistment.  There is no evidence of record that shows the applicant met the qualifications for the second award of the Good Conduct. 

7.  There are no orders in the applicant’s records which show that he was awarded the Army Commendation Medal.  There is no evidence that the applicant was recommended for the Army Commendation Medal by his chain of command.

8.  There is no indication in the applicant’s records that he served in Vietnam.

9.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows the National Defense Service Medal.   

10.  There is no evidence the applicant was awarded the Army Service Ribbon or otherwise met the qualifications for this award.   

11.  The applicant’s personnel records fail to show that he completed a Noncommissioned Officer Professional Development course.

12.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 shows the Marksman (Rifle) Qualification Badge and the Marksman (Grenade) Qualification Badge.  There are no other entries for qualification badges.
13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

14.  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.  

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

18.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, ARNG, and USAR soldiers for successful completion of designated NCO professional development courses.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Meritorious Service Medal.  Therefore, he is not entitled to correction of his records to show this award.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the first award of the Good Conduct Medal or that he served an additional period of qualifying service (three years) for entitlement to the second award of the Good Conduct Medal.  The Board determined that the applicant’s disciplinary record disqualified him for award of the first award of the Good Conduct Medal.  Therefore his is not entitled to correction of his military records to show award of the Good Conduct Medal.   

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal; therefore, he is not entitled to this award.

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served a period of qualifying service in Vietnam.  Therefore, he is not entitled to award of the Vietnam Service Medal. 

5.  Evidence of record shows the applicant was awarded the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The Board noted the applicant’s contention that he is entitled to two awards of the Army Service Ribbon.  However, in accordance with the governing regulation, the applicant is not entitled to any award of the Army Service Ribbon because there is no evidence of record that the had an Active Army status on or after 
1 August 1981.  Therefore, he is not entitled to correction of his DD Form 214 to show any award of the Army Service Ribbon.

7.  There is no evidence of record available to the Board, and the applicant has provided no evidence which shows he completed a Noncommissioned Officer Professional Development course.  Therefore, he is not entitled to award of the Noncommissioned Officer Professional Development Ribbon. 
8.  Evidence of record shows the applicant was awarded the Marksman (Rifle) Qualification Badge and the Marksman (Grenade) Qualification Badge.  Therefore, he is entitled to correction of his records to show these awards.

9.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was awarded the Expert (Pistol) Qualification Badge.  Therefore, he is not entitled to correction of his records to show this award.

10.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal and the Marksman (Rifle) Qualification Badge and the Marksman (Grenade) Qualification Badge.

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

BOARD VOTE:  

JHK____  WTM_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John H. Kern__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017973	
SUFFIX		
RECON		
DATE BOARDED	19990811	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19760630	
DISCHARGE AUTHORITY	AR 635-200, Chapter 2	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.