RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20060001260


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 that he be awarded the Good Conduct Medal
(GCMDL) and all other awards he is authorized for his service.

2.  The applicant states, in effect, that he served honorably and was never
in any trouble and believes he should have received the GCMDL for his
service.  He also states that he believes that he may be authorized other
awards that were not included on his report of separation (DD Form 214).

3.  The applicant provides a copy of a letter of explanation, his DD Form
214, a copy of a letter to the National Personnel Records Center (NPRC) and
a copy of  a Standard Form 180 with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 July 1961.  The application submitted in this case is dated
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 was born on 22 July 1940 and enlisted in the Regular Army
in St. Louis, Missouri on 23 July 1958 for a period of 3 years.  He
completed his basic combat training at Fort Leonard Wood, Missouri and was
transferred to Fort Sill, Oklahoma, to undergo his advanced individual
training (AIT) as an artillery rocket crewman.

4.  He successfully completed his AIT and was transferred to Korea for
assignment to the 1st Missile Battalion (Honest John), 42nd Artillery
Regiment.  He was advanced to the pay grade of E-3 on 26 March 1959.

5.  He completed his tour of duty in Korea on 6 January 1960 and was
transferred to Fort Campbell, Kentucky, where he successfully completed
airborne training and was awarded the Parachutist Badge.  He was assigned
to A Battery (Honest John) (Airborne), 377th Artillery Regiment and was
advanced to the pay grade of E-4 on 29 July 1960.

6.  He remained at Fort Campbell until he was honorably released from
active duty on 22 July 1961, due to the expiration of his term of service.
He had 3 years of total active service and his DD Form 214 issued at the
time of his REFRAD shows he was awarded the Parachutist Badge.

7.  A review of his records shows that he had excellent conduct and
efficiency ratings throughout his service and his records are void of any
derogatory information that would serve to disqualify him from award of the
GCMDL.  His records also show that he qualified as a Sharpshooter with his
service rifle.

8.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that 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, for first award only, 1 year served entirely
during the period 7 December 1941 to 2 March 1946 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.  At the time, a Soldier's conduct and
efficiency ratings must have been rated as "excellent" for the entire
period of qualifying service and there must have been no convictions by
court-martial.

9.   Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal (KDSM) as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

10.  In accordance with section 1084 of the Fiscal Year 1998 National
Defense Authorization Act, the Secretary of Defense approved awarding the
Cold War Recognition Certificate to all members of the armed forces and
qualified federal government civilian personnel who faithfully and
honorably served the United States anytime during the Cold War era, which
is defined as 2 September 1945 to 26 December 1991.  Individuals may submit
a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn:
AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the National Defense Service Medal is awarded for honorable active service
for any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal (NDSM).

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 23 July 1958 through 22 July 1961.  This conclusion is based
on the fact that the record is void of any derogatory information, which
would preclude the applicant from being awarded the GCMDL, and the lack of
any specific action by the applicant’s unit commander to disqualify him
from receiving the award.

2.  The evidence of record also establishes that the applicant is entitled
to be awarded the NDSM and the KDSM.  Accordingly, it would be in the
interest of justice to do so at this time.

3.  Additionally, the applicant was awarded the Sharpshooter Marksmanship
Badge with Rifle Bar; therefore, it should be added to his DD Form214 as
well.

BOARD VOTE:

___MP __  ___MF __  ___GP__  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 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 GCMDL for the period
of 23 July 1958 to 22 July 1961, the NDSM, the KDSM and by adding the award
of the Sharpshooter Marksmanship Badge with Rifle Bar to his DD Form 214.




                            ____Margaret Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001260                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19610622                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT-PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/DE                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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