IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110020351 


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 the Army Good Conduct Medal be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be presented with the Army Good Conduct Medal.

2.  The applicant states his service was honorable and he complied with the demands of a military environment, was loyal and obedient to his superiors, and faithfully supported the goals of the U.S. Army.

3.  The applicant provides:

* his DD Form 214
* a letter of appreciation, dated 3 March 1963, from his U.S. Army Reserve unit commander

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 12 January 1959.  He completed basic combat and advanced individual training and was awarded military occupational specialty 140.00 (Field Artillery, Basic).

3.  On 26 July 1959, he was assigned to Battery C, 3rd Howitzer Battalion, 17th Artillery in Germany.

4.  Section 9 (Medal, Decorations, and Citations) of his DA Form 24 (Service Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 26 October 1959.

5.  Headquarters, 3rd Howitzer Battalion, 17th Artillery General Orders Number 41, dated 6 December 1960, awarded him the Army Good Conduct Medal.

6.  On 23 December 1960, he was released from active duty as an early release overseas returnee.  He completed 1 year, 11 months, and 12 days of active service that was characterized as honorable.  His DD Form 214 does not show he received any awards during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  Orders in his Military Personnel Records Jacket show he was awarded the Army Good Conduct Medal.  Therefore, it is appropriate to add this award to his DD Form 214.  

2.  His DA Form 24 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to add this award to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  amending his DD Form 214 to show he was awarded the:

* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar 

	b.  issuing to him the above awards.



      _______ _   __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)                                         AR20110020351



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ABCMR Record of Proceedings (cont)                                         AR20110020351



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