RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060010942 


	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:


Ms. Marla Troup

Chairperson

Mr. John Heck

Member

Mr. Donald Lewy

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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Good Conduct Medal, the National Defense Service Medal, the “American Defense Commemorative Medal,” and the “Cold War Victory Medal” (correctly known as the Cold War Recognition Certificate).

2.  The applicant states, in effect, that the Army was in a hurry to discharge him and transfer him to a Reserve status.  He states that he was in the Reserves from 1953 to 1961 as a second and first lieutenant.  

3.  The applicant provides an Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 30 November 1953; a DD Form 214; an untitled military record; an appointment letter as a Reserve commissioned officer, dated 
9 November 1953; and an Honorable Discharge Certificate from the USAR, dated 16 August 1961.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
1 August 1953.  The application submitted in this case is dated 17 July 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.  With regard to the applicant's request for the Cold War Recognition Certificate, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  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.  The applicant may submit a request in writing to Commander, U. S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN:  AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these proceedings.

4.  Army Regulation 600-8-22 (Military Awards) does not show the "American Defense Commemorative Medal" as an authorized award.  Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.     

5.  The applicant’s military records covering his active duty service are not available to the Board.  This case is being considered using records which primarily consist of an application for appointment in the Officer’s Reserve Corps and his USAR service personnel records.  

6.  The applicant was inducted on 3 August 1951.  On 15 June 1953, the applicant submitted an application for appointment in the Officer’s Reserve Corps.  On 29 July 1953, the applicant was approved for appointment as a second lieutenant in the USAR.  On 1 August 1953, he was released from active duty in the rank of private first class and transferred to the USAR.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 shows the entry, “NONE.” 

8.  The applicant was commissioned a Reserve officer on 9 November 1953 and honorably discharged from the USAR in the rank of first lieutenant on 16 August 1961.

9.  There are no orders for the Good Conduct Medal in the available records.

10.  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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, 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.


DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for the Good Conduct Medal in the available records, the available records do show the applicant was approved for appointment in the Reserve Officer’s Corps as a second lieutenant and it is reasonable to presume that he would not have been appointed if his record of service had not been honorable.  Therefore, based on the foregoing, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 3 August 1951 through 1 August 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  
  
2.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

3.  Records show the applicant should have discovered the alleged errors now under consideration on 1 August 1953; therefore, the time for the applicant to file a request for correction of any error expired on 31 July 1956.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

MT_____  _JH_____  _DL_____  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:

	a.  awarding him the first award of the Good Conduct Medal for the period 3 August 1951 through 1 August 1953; and

	b.  amending his DD Form 214 to add the Good Conduct Medal and the National Defense Service Medal.



__Marla Troup_________
          CHAIRPERSON




INDEX

CASE ID
AR20060010942
SUFFIX

RECON

DATE BOARDED
20070221
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.