RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070016105 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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 award of the Good Conduct Medal and the National Defense Service Medal.  

2.  The applicant states that he enlisted in the U.S. Army Reserve (USAR) on 19 August 1955 and completed six months of active duty training (ADT) from October 1955 to April 1956 and that after ADT, he reverted back to his USAR status and attended all of his unit annual training.  He also adds that he was also ordered to active duty from October 1961 to August 1962, and that he was subsequently assigned to the USAR Control Group and was discharged on 31 July 1963.  He also states that his conduct and efficiency ratings throughout his active duty service were "excellent" except for one entry of "good."  He concludes that he is now an active member of the American Legion, is proud of his military service, and would readily volunteer today to serve in the Global War on Terrorism.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 August 1962.

b.  Headquarters, 1st Battalion, Reserve Forces Training Regiment (Provisional), Fort Leonard Wood, Missouri, Letter of Commendation, dated 21 March 1965.

	c.  DA Form 24 (Service Records).

	d.  DA Form 20 (Enlisted Qualification Record).

	e.  Honorable Discharge Certificate, dated 31 July 1963.

	f.  Headquarters, Department of the Army, Office of the Adjutant General, U.S. Army Records Center, Letter Orders, dated 31 July 1963, Discharge from the USAR.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the USAR on 19 August 1955 for a period of 3 years and was subsequently assigned to Company A, 420th Combat Engineer Battalion, Evansville, Indiana.  

3.  The applicant's records further show that he was ordered for a tour of active duty for training of six months duration on 28 September 1955.  He reported to Fort Leonard Wood, Missouri, on 2 October 1955, completed basic combat and advanced individual training, and was released to his Reserve component on 1 April 1956.

4.  On 7 September 1961, he was ordered to active duty in advance of his parent unit and was assigned to Headquarters, VI U.S. Army Corps, effective 11 September 1961.  He was relieved from active duty on 30 September 1961 and was ordered to reenter active duty on 1 October 1961 with the 417th Quartermaster Company (Laundry).  He was released from active duty on 8 August 1962.

5.  The DD Form 214 he was issued at the time of his separation shows that he was released from active duty and returned to the USAR to complete his remaining service obligations.  This form shows he completed 10 months and 28 days of active military service.  

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."

7.  The applicant's record does not contain General Orders awarding him the Good Conduct Medal. 

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 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 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  Army Regulation 672-5-1 (Military Awards) 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, inclusive.  This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.  A second award of the National Defense Service Medal is denoted by a bronze service star affixed to the service ribbon.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

12.  Paragraph 2-10b(1) of Army Regulation 600-8-22 (Military Awards) states that Army National Guard and U.S. Army Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.

13.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following inclusive periods:  27 June 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.  It stated that, as a one-time only exception, members of the Army National Guard (ARNG) and the USAR who were part of the Selected Reserves in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.  A bronze service star will be worn to signify receipt of a second or subsequent award. 

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's records show that, upon termination of his service on 8 August 1962, he completed 10 months and 28 days of active military service; a little over a month short of the 1 year required to qualify for his first award of the Good Conduct Medal.  Therefore, he is not authorized this award.

2.  With respect to award of the National Defense Service Medal, regrettably, ARNG and USAR personnel on short tours of duty to fulfill training obligations under an inactive duty training program were not considered as performing active service which qualified for award of the National Defense Service Medal.  Additionally, during the applicant's period of service on active duty (11 September 1961 to 8 August 1962), there was no exception to grant ARNG or USAR Soldiers award of the National Defense Service Medal.  Therefore, the applicant is not authorized this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__fcj___  __cd____  __swf___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




							Frank C. Jones, II
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.