MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:    

		BOARD DATE:          18 November 2003                   
		DOCKET NUMBER:  AR2003088237

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

	Mr. Carl W. S. Chun		Director	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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)

APPLICANT REQUESTS:  In effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Good Conduct Medal (GCM) and the Sharpshooter Badge for the M-1 Carbine.

APPLICANT STATES:  That he was awarded the GCM and that it does not appear on his DD Form 214.  He further states that he “also had the Sharpshooter award for the M-1 and that does not appear on the DD Form 214 either.”  The applicant comments that “I wish to be able to wear the medals I have earned and my DD Form 214 does not reflect the GCM I was awarded.”

EVIDENCE OF RECORD:  The applicant's military records show that he enlisted in the Army on 19 June 1962 for a period of 3 years.  He was trained in Military Occupational Specialty (MOS) 131.10 (Armor Crewman) and assigned to Germany.  On 14 March 1963, the applicant was awarded MOS 111.10 (Light Weapons Infantryman).  He returned to the United States and was separated from the Army on 8 June 1965 in pay grade E-3.

Item 24 of the applicant’s DD Form 214 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the Sharpshooter Badge with Rifle Bar (M-14).

Item 28 (Qualification in Arms) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he qualified for the Marksman Badge in the M-1 Carbine Rifle on 1 August 1962 and Tank Gun (90 millimeter) on 29 October 1962.  He qualified for the Sharpshooter Badge in Tank Sub Machine Gun on 24 October 1962 and M-14 Rifle on 10 July 1964.

On 15 June 1963 nonjudicial punishment was imposed against the applicant for absenting himself, without authority, from his unit from 2300 hours, 30 May 1963 until 2330 hours, 30 May 1963.  His punishment consisted of reduction in grade from PFC E-3 to PVT E-2 and 14 days extra duty.

On 6 February 1964 nonjudicial punishment was imposed against the applicant for violating a lawful order, visiting an off limits establishment during field training. His punishment consisted of reduction from pay grade E-3 to E-2, 14 days extra duty, 14 days restriction, and forfeiture of ten dollars.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the GCM 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 GCM, disqualification must be justified.  Throughout the qualifying period, the record of each individual soldier must indicate that the soldier has: willingly complied with the demands of the military environment; been loyal and obedient to their superiors; faithfully supported the goals of their organization and the Army; and conducted themselves in such an exemplary manner as to distinguish them from their fellow soldiers.  While any record of nonjudicial punishment could be in conflict with recognizing the soldier’s service as exemplary, such record should not be viewed as automatically disqualifying.

The applicant’s service personnel records, to include his medical records, are intact and complete.  There are no orders awarding the applicant the GCM and the applicant has not provided any orders, or a certificate, awarding him the GCM.

Army Regulation 600-8-22 provides that marksmanship badges are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.  The badges, listed from the highest to lowest degree of marksmanship, are the Expert Badge, the Sharpshooter Badge and the Marksman Badge.  The regulation also provides that an appropriate component bar is furnished to denote each weapon with which the individual soldier qualified.  The only weapons for which component bars are authorized are listed in table 8-2 of the regulation.  Only the highest degree of marksmanship is listed on an individual's separation document.

Army Regulation 600-8-22 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s entire record of service.  There is no record or documentary evidence of acts of valor, achievement, or service that would warrant special recognition.  

2.  The Board noted that nonjudicial punishment was imposed against the applicant on two separate occasions.  While any record of nonjudicial punishment should not be viewed as automatically disqualifying the applicant for award of the GCM, it would appear that the applicant’s commander intentionally disqualified the applicant for the GCM.  There is currently insufficient evidence to support any other conclusion.

3.  The Board noted the applicant’s entitlement to award of the Tank Weapons component bar for the Sharpshooter Badge and determined that his records should be corrected administratively.

4.  The Board noted that the applicant qualified for the Marksman Badge with Carbine component bar.  However, the Board further noted that this badge is not authorized for entry on the applicant’s DD Form 214, since the applicant’s highest marksmanship badge is the Sharpshooter Badge.

5.  The Board noted the applicant’s entitlement to the National Defense Service Medal and determined that his records should be corrected administratively.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the Tank Weapons component bar and the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mdm _  ___jns___  ___bje __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003088237	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.