IN THE CASE OF: BOARD DATE: 21 February 2012 DOCKET NUMBER: AR20110015643 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 item 32 (Remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct Social Security Account Number (SSAN). He also requests award of the Army Good Conduct Medal. 2. The applicant states: * the last two digits of his SSAN are 17, not 07 * he did not received an Army Good Conduct Medal even though he received an honorable discharge * he believes he is entitled to the Army Good Conduct Medal after giving 6 years of his life to the cause 3. The applicant provides: * DD Form 214 * Honorable Discharge Certificate * A letter from a United States Senator 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. The applicant enlisted in the Regular Army on 2 October 1959. He completed training as a light weapons infantryman. He was assigned to Company A, 1st Battle Group, 3rd Infantry (The Old Guard). 3. A review of the applicant's DA Form 24 (Service Record) shows the last two digits of his SSAN as 17. His DA Form 24 also shows that his conduct rating was excellent and his efficiency rating was unsatisfactory during the period 4 December 1959 to 19 February 1960. 4. The last two digits in the applicant's SSAN are listed as 17 on every documents contained in his official military record requiring its use. 5. The applicant was honorably discharged on 1 October 1962. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 contains the entry "None." The last two digits of his SSAN are shown in item 32 as 07. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. 7. Army Regulation 600-8-22 (Military Awards) states the Army 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 Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. 2. According to the applicable regulation, the Army 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. His DA Form 24 shows that his efficiency rating was unsatisfactory during the period 4 December 1959 to 19 February 1960. Therefore, he did not meet the criteria for award of the Army Good Conduct Medal. This part of his request should be denied. 3. Based on the applicant's DA Form 24 and all other documents contained in his official military record requiring its use, the SSAN shown on his DD Form 214 should be corrected. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X ___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 32 on his DD Form 214 to show his SSAN as reflected on his DA Form 24. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Good Conduct Medal. _______ _ 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) AR20110015643 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015643 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1