RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060002175


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Ms. Qawiy Sabree                  |     |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 correction of item 23a (Specialty Number &
Title) on his DD Form 214 (Report of Transfer or Discharge) to show
military occupational specialty (MOS) 26V20 (senior microwave technician);
correction of item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) to show the Army Commendation Medal; and
correction of item 25 (Education and Training Completed) to show completion
of three correspondence courses.

2.  The applicant states that his correct MOS is 26V20, that he was
assigned to this MOS from August 1969 to January 1971, and that he passed a
special review board to determine his qualifications for this critical MOS
and was promoted to specialist five in less than two years.  He also
contends that he completed additional education and training during his
enlistment.

3.  The applicant provides a copy of his DD Form 214; an award certificate,
citation, and orders for the Army Commendation Medal; and two certificates
of completion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
20 January 1971.  The application submitted in this case is dated 4 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 enlisted on 21 June 1968 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in MOS 32B20 (fixed station receiver repairman).  He arrived in
Thailand on 30 May 1969.  Orders show the applicant was awarded primary MOS
32D20 effective
15 October 1969.  He departed Thailand on 19 January 1971.  On 20 January
1971, the applicant was released from active duty in the rank of specialist
five after completing 2 years and 8 months of creditable active service
with no time lost.  His specialist five promotion orders are not available.
4.  Item 23a on the applicant’s DD Form 214 shows the entry, “32D20 FIXED
STA TECH CON” [fixed station technical controller].  Item 24 on his DD Form
214 shows the National Defense Service Medal, the Vietnam Service Medal,
and the Republic of Vietnam Campaign Medal with Device 1960 as authorized
awards.  Item 25 on his DD Form 214 shows he completed the 20-week Fixed
Station Receiver Repairman course in 1969.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
served in duty MOS 26V20 from 1 November 1969 to 18 January 1971.  However,
there are no orders which show the applicant was awarded MOS 26V20.

6.  Headquarters, 1st Signal Brigade (USASTRATCOM) General Orders Number
229, dated 27 January 1971, show the applicant received the Army
Commendation Medal.

7.  The applicant provided a certificate of completion which shows he
completed the Transistors subcourse on 20 February 1970.

8.  The applicant provided two certificates of completion which show he
completed the “TCS-600 MULTIPLEX” correspondence course on 23 June 1970 and
the “LRC-3 RADIO” correspondence course on 1 June 1970.  Both courses were
given by Page Communications Engineers, Inc. in Washington, D.C.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

10.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation in effect at
the time provided, in pertinent part, that item 25 would list service
schools, including major courses that were successfully completed, and
military sponsored courses completed in civilian schools and colleges
during the period covered by the DD Form 214.  This entry included the
highest civilian education level acquired during this period of military
service, if appropriate.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  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 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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s DA Form 20 shows he served in duty MOS 26V20,
there are no orders awarding him MOS 26V20.  His specialist five promotion
orders are not available, and it cannot be determined if he was promoted in
and awarded MOS 26V20.  The available evidence of record shows he was
awarded primary MOS 32D20 in October 1969 and that his primary MOS was
32D20 at the time of his separation.  Therefore, there is insufficient
evidence on which to amend item 23a on his DD Form 214.

2.  Orders show the applicant received the Army Commendation Medal.

3.  There is no evidence of record which shows the applicant completed any
service schools, other than the Fixed Station Receiver Repairman course, or
military sponsored courses completed in civilian schools or colleges, while
on active duty.  In addition, subcourses, since they are correspondence
courses and not formal training courses, would not be entered on the DD
Form 214 in any event.  Therefore, there is insufficient evidence on which
to base adding additional training courses to item 25 on his DD Form 214.

4.  The applicant was separated in the rank of specialist five with 31
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 21 June 1968 through 20 January 1971
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 20 January 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 19
January 1974.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

AR____  _LB____  __QS____  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 21 June 1968 through 20 January 1971; and

      b.  amending item 24 on his DD Form 214 to add the Good Conduct Medal
and the Army Commendation Medal.

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
amendment of items 23a and 25 on his DD Form 214.




                            ____Allen Raub________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002175                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |107.0020                                |
|3.                      |100.0700                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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