IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090017739 


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 reconsideration of an earlier appeal that his records show two awards of the Army Good Conduct Medal.

2.  The applicant states that he is submitting new documentation that shows his 25 September 1959 summary court-martial was set aside.

3. The applicant provides Headquarters, Fort Bragg, North Carolina, Summary Court-Martial Order Number 2, dated 18 January 1961.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008476, dated 17 September 2009.

2.  The applicant now provides new evidence in support of his previous request that requires consideration.  He provides Headquarters, Fort Bragg, Summary Court-Martial Order Number 2, dated 18 January 1961, that show his 25 September 1959 summary court-martial was set aside.  The order indicates that all rights, privileges, and property of which the applicant was deprived by virtue of the findings of guilty and the sentence so set aside were restored.  He was denied the second award of the Army Good Conduct Medal due to the 25 September 1959 summary court-martial.

3.  The applicant enlisted in the Regular Army on 31 May 1955.  On 21 February 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons or Authorized) of the applicant's DD Form 214 shows he awarded the Parachutist Badge.

5.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service for the period 31 May 1955 through 21 February 1962.

6.  In his previous case, the ABCMR corrected the applicant's DD Form 214 to add the Army Good Conduct Medal (1st Award) for the period 31 May 1955 through 30 May 1958, the Senior Parachutist Badge, the National Defense Service Medal, and the Expert Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

The applicant contends that he should be awarded the Army Good Conduct Medal (2nd Award).  He provided Headquarters, Fort Bragg, Summary Court-Martial Order Number 2, dated 18 January 1961, that shows his 25 September 1959 summary court-martial was set aside.  Based upon this evidence, the order is accepted as sufficient to show he is eligible for award of the Army Good Conduct Medal (2nd Award) for the period 31 May 1958 through 30 May 1961.  Therefore, his DD Form 214 should be amended to show award of the Army Good Conduct Medal (2nd Award).

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 amendment of the ABCMR's decision in Docket Number AR20090008476 on 17 September 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Army Good Conduct Medal (2nd Award) for the period 31 May 1958 through 30 May 1961 and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal (2nd Award).



      ____________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)                                         AR20090017739



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ABCMR Record of Proceedings (cont)                                         AR20090017739



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