IN THE CASE OF:	  

		BOARD DATE:	  22 July 2008

		DOCKET NUMBER:  AR20080000849 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal (First Award).

2.  The applicant states that his commanding officer recommended him for receipt of the Good Conduct Medal (First Award) based upon his excellent efficiency and conduct.

3.  The applicant provides a copy of OPNAV Form 2110-28 (Naval Message) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 record shows that he was inducted into the Army of the United States on 15 August 1963.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 711.2 (Clerk Typist).  The highest rank he attained while serving on active duty was the grade of specialist four (SP4)/pay grade E-4.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 10 July 1965.

3.  The applicant's record shows that he served an overseas tour of duty in Guam during the period 14 January 1964 through 9 July 1965.

4.  OPNAV Form 2110-28, addressed to the Commanding Officer of the United States Army Soldier Support Center located in Okinawa, Japan, dated 3 June 1965, shows the applicant's unit commander requested publication of orders awarding the Good Conduct Medal (First Award) to the applicant for his excellent efficiency and conduct.

5.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that he received "Excellent" ratings for his conduct and efficiency throughout his service.

6.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 shows that he earned the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar and received a Certificate of Achievement from the Commanding Officer of the United States Army Soldier Support Center located in Okinawa, Japan, dated 8 July 1965.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Marksman Marksmanship Qualification Badge with 
M-14 Rifle Bar.

8.  There is no evidence the applicant received the Good Conduct Medal (First Award).  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  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 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was awarded the Good Conduct Medal (First Award) was carefully considered and determined to have merit.

2.  Evidence of record shows the applicant is entitled award of the Good Conduct Medal (First Award) for the period 15 August 1963 through 10 July 1965 based upon a favorable recommendation from his unit commander and completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service during specific time periods.  Evidence of record shows the applicant is entitled to award of the National Defense Service Medal based upon honorable active service during a qualifying period of time.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__X_____  ___X____  __X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Army Good Conduct Medal (First Award) and the National Defense Service Medal. 




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080000849





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ABCMR Record of Proceedings (cont)                                         AR20080000849



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