PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:            16 February 2000  
	DOCKET NUMBER:   AR1999028490

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur a. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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, in effect, that his records be corrected to reflect award of the Army Good Conduct Medal, marksmanship qualification badges for the 
M-1 and Carbine rifles and an expert qualification badge for the 45 caliber pistol. He states that he received the awards but they were not listed on his separation document.

3.  Records available to the Board indicate the applicant entered active duty on 20 August 1959 and served honorably until his discharge on 3 August 1962 under an early release program for overseas returnees.  He was separated in pay grade E-4 and his conduct and efficiency rating throughout his service were consistently listed as excellent.  At the time of his release he had completed 2 years, 11 months and 14 days of active Federal service.  His separation report, however, does not reflect award of any decorations or badges.

4.  The applicant’s DA Form 24 (service record) confirms he was awarded a sharpshooter qualification badge for the M-1 rifle on 5 October 1959 and a marksman qualification badge for the 45 caliber pistol on 6 February 1962.  While his DA Form 20 (enlisted qualification record) notes that he participated in a qualification event with the Carbine rifle on 13 November 1959 the document indicates that there was “no record” of the results.  As such there is no indication of his qualification level, or if he did in fact qualify, in records available to the Board.

5.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

6.  Army Regulation 600-8-22 also provides that a basic marksmanship 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 he or she qualified.  Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes; expert, sharpshooter, and marksman.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a sharpshooter qualification badge for the M-1 rifle and a marksmanship qualification badge for the 45 caliber pistol.  However, neither of those badges was reflected on his 1962 separation document.  There is no evidence he ever qualified as an expert with the pistol.

2.  While the evidence indicates the applicant participated in a qualification event with the Carbine rifle, the level of his qualification was not recorded.  However, in view of the fact that the applicant believes his qualification level was that of a marksman, and because that would be the lowest possible level of qualification, the Board believes the applicant likely achieved that qualification level and as such concludes it would be appropriate to award him a marksmanship qualification badge for the Carbine.

3.  There is no evidence the applicant was ever awarded an Army Good Conduct Medal.  However, the Board notes that he qualified for the award upon his separation from active duty on 3 August 1962 and there is no evidence in available records which would serve as a basis to deny the applicant the award.  As such it would be appropriate to award the applicant an Army Good Conduct Medal for the period 20 August 1959 through 3 August 1962.

4.  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:

a. by showing that the individual concerned was awarded a marksmanship qualification badge with pistol bar (45 caliber pistol) and a sharpshooter qualification badge with rifle bar (M-1 rifle); 

b.  by awarding him a marksmanship qualification badge with carbine bar; and

c.  by awarding him the Army Good Conduct Medal based on his honorable service during the period 20 August 1959 through 3 August 1962.

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

BOARD VOTE:  

____aao_  ____mw__  ___clg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028490	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000216	
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         1.46	107.00	
2.		
3.		
4.		
5.		
6.