IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001950 


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.

2.  The applicant states that he has two honorable discharges and should be awarded the Good Conduct Medal as a result of his performance during his military service.

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

	a.  Special Orders Number 29, dated 6 September 1955, award of the Marksmanship Badge. 

	b.  Letter Orders Number 34, dated 12 December 1956, Emergency Reinforcement Designation.   

	c.  397th Anti-Aircraft Artillery Battalion Battery D Personnel Roster.   

	d.  Travel Voucher, dated 19 April 1956. 

	e.  Honorable Discharge Certificate, dated 31 December 1961. 

	f.  Certification of Honorable Military Service, dated 23 September 1956. 

	g.  Headquarters, 27th Anti-Aircraft Artillery Battalion Training Schedule, for the period 20 August 1956 through 25 August 1956. 
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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows that he enlisted in the Regular Army for a period of 3 years on 23 September 1953 and that he was trained in military occupational specialty (MOS) 161.60 (Anti-Aircraft Artillery Automatic Weapon Crewman).  This form also shows he was served with the 27th Anti-Aircraft Artillery Battalion.  

4.  The applicant’s DD Form 214 further shows that he completed 2 years, 11 months, and 29 days of creditable military service, 1 year, 11 months, and 1 day of which was foreign service.  He was honorably separated in the temporary rank/grade of corporal (CPL) and transferred to the U.S. Army Reserve Control Group on 21 September 1956. 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal.  Item 26 does not show award of the Good Conduct Medal.

6.  The applicant submitted a copy of the Headquarters, 27th Anti-Aircraft Artillery Battalion Training Schedule, for the period 20 August 1956 through 25 August 1956, which shows he was an assistant instructor for “Interior Guard” training that was scheduled on 20 August 1956.

7.  Army Regulation 672-5-1 (Military Awards), 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.

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 167th Anti-Aircraft Artillery Battalion, Special Orders Number 29, dated 6 September 1955, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) on 12 August 1955.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served honorably during the period 23 September 1953 to 21 September 1956.  He completed nearly 2 years of foreign service and attained the rank of corporal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him his first award of the Good Conduct Medal based on completion 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.

2.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 September 1953 to 21 September 1956; and

	b.  showing award of the Good Conduct Medal (1st Award) and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) in Item 26 of his DD Form 214, dated 21 September 1956.  



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       _    _______   ___
       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)                                         AR20080001950



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ABCMR Record of Proceedings (cont)                                         AR20080001950



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