IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100027666 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to show award of the Army Good Conduct Medal.

2.  The applicant states when he was released from active duty he was awarded the Army Good Conduct Ribbon, but he was never given the medal and it is not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 19 March 1962.

3.  The applicant provides his:

* DD Form 214
* orders and certificate for discharge from the U.S. Army Reserve (USAR)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He was inducted into the Army of the United States on 13 January 1960.  He completed basic combat and advanced individual training and was awarded military occupational specialty 310 (Field Communications Crewman).

3.  His DA Form 24 (Service Record) provides the following information:

	a.  he was promoted to specialist four/pay grade E-4 on 1 July 1961 and he had no reductions during his service,

	b.  he had ratings of "excellent" in conduct and efficiency throughout his service,

	c.  there was no record of lost time, and

	c.  section 10 (Remarks) contains the statement, "eligible for reenlistment."

4.  There is no record of nonjudicial punishment or court-martial in his military personnel records jacket.

5.  His records do not contain orders for award of the Army Good Conduct Medal.

6.  On 19 March 1962, he was released from active duty.  He completed 2 years, 2 months, and 7 days of active service that was characterized as honorable.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline, lost time, or record of courts-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  His record contains a statement that he was eligible for reenlistment.  Therefore, the evidence is sufficient to show the applicant was awarded the Army Good Conduct Medal based on completion of qualifying service from 13 January 1960 to 19 March 1962 ending with the termination of a period of active Federal service.

2.  Based on his period of service he is also authorized the National Defense Service Medal.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Army Good Conduct Medal and National Defense Service Medal to item 26 of his DD Form 214 and

	b.  providing him the corresponding medal sets.



      ____________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100027666



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ABCMR Record of Proceedings (cont)                                         AR20100027666



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