RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060000956


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Service Ribbon
(ASR), and any other award to which he is entitled.

2.  The applicant provides no statement or additional documentary evidence
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 August 1962.  The application submitted in this case was
received on 20 January 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he was initially inducted into the
Army and entered active duty on 9 April 1958.  He was trained in, awarded,
and served in military occupational specialty (MOS) 411 (Radio/Teletype
Operator), and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  On 8 April 1960, the applicant was honorably separated from active duty
and transferred to the United States Army Reserve (USAR).  The separation
document (DD Form 214) he was issued at this time shows that during this
period of active duty service, he earned the Sharpshooter Qualification
Badge with Rifle and Carbine Bars.

5.  On 26 October 1961, the applicant was ordered to active duty from the
USAR. He served on active duty for 9 months and 11 days until being
honorably separated from active duty on 6 August 1962.  The DD Form 214 he
was issued for this period of active duty service indicates he earned no
additional awards.

6.  The applicant's Service Record (DA Form 24) shows that during his
active duty service between 9 April 1958 and 8 April 1960, he received
"Excellent" conduct and efficiency ratings, and his Military Personnel
Records Jacket (MPRJ) derogatory information, or a unit commander
disqualification that would have precluded him from receiving the Army Good
Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the National Defense Service Medal.  It states, in
pertinent part, that it was authorized for honorably active service for any
period between 1 January 1961 and 14 August 1964.

8.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

9.  Paragraph 5-5 of the awards regulation contains guidance on award of
the ASR and it states, in pertinent part, that it is awarded for the
completion of initial entry training.  It further states, in effect, that
it  may be awarded retroactively only to those members who had an active
Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the ASR was carefully
considered.  However, by regulation, retroactive award of the ASR is
authorized only to
those members who were serving in an active Army status on or after 1
August 1981.  As a result, given the applicant's last day on active duty
was 6 August 1962, he does not meet the regulatory criteria necessary to
qualify for this award.

2.  The evidence of record does show that the applicant received
"Excellent" conduct and efficiency ratings at all of his active duty
assignments, and there is no derogatory information or unit commander
disqualification on file that would preclude him from receiving the AGCM.
Therefore, it would be appropriate to award him the AGCM for his qualifying
honorable active duty service from 9 April 1958 through 8 April 1960.

3.  The evidence also confirms that the applicant honorably served on
active duty from 26 October 1961 through 6 August 1962.  Therefore, he is
entitled to the National Defense Service Medal based on this qualifying
active duty service he completed during the qualifying period between 1
January 1961 and 14 August 1964.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP _  __RML __  __JGH__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the first
award of the Army Good Conduct Medal for his qualifying active duty service
from 9 April 1958 through 8 April 1960; by showing he is entitled to the
National Defense Service Medal; and by providing him a correction to his
separation documents that include these awards.

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
award of the Army Service Ribbon.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000956                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1962/08/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Req Svc                         |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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