IN THE CASE OF:	  

		BOARD DATE:	  	 16 October 2008

		DOCKET NUMBER:  AR20080012054 


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, in effect, award of the Good Conduct Medal.

2.  The applicant states, in effect, that he served in the Army from 31 March 1959 to 30 April 1962 for a period in excess of 3 years and received an honorable discharge.

3.  The applicant provides additional documents in support of his application.

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's available military service records show that he enlisted in the Regular Army and entered active duty on 31 March 1959.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 227.10 (Air Defense Missile Electronic Mechanic).  The highest grade he attained was Specialist Five (SP5)/E-5. 

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in Item 33 (Record of Assignment), that the applicant served in Korea for 12 months from 14 September 1960 - 14 September 1961. 

5.  On 30 April 1962, the applicant was honorably released from active duty after completing 3 years and 1 month of active military service.  The DD Form 214 he was issued shows he completed 1 year and 15 days of foreign service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows “None”.  

6.  The applicant’s military service records are absent any evidence of adverse administrative action, non-judicial punishment, or court-martial action.

7.  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.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-10 contains guidance on award of the National Defense Service Medal (NDSM).  It states, in pertinent part, that it is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  

9.  Paragraph 2-20 of the awards regulation contains guidance on award of the Korean Defense Service Medal (KDSM).  It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea between 28 July 1954 and a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

11.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be awarded the Good Conduct Medal because he served 3 years in the U.S. Army with no adverse actions and that he received an honorable discharge were carefully considered and found to have merit. 

2.  The evidence of record shows that the applicant entered active duty in the Regular Army on 31 March 1959 and he was honorably released from active duty after completing 3 years and 1 month of active service.  The evidence of record confirms that the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  The evidence of record also shows that there is no record of adverse action in his military service record.  Therefore, the evidence of record in this case supports correction of the applicant’s military service records to show award of the Good Conduct Medal.

3.  The evidence of record shows that the applicant is entitled to the NDSM.  By regulation, the NDSM is authorized to any member who performed honorable active duty service between 1 January 1961 and 14 August 1974.  The evidence of record confirms the period of the applicant's honorable active duty service entitles him to the NDSM.  Therefore, it would be appropriate to correct his record and separation document to show this award. 


4.  The evidence of record shows that the applicant is entitled to the KDSM.  By regulation, the KDSM is authorized for 30 consecutive days of service in Korea performed on or after 28 July 1954.  The evidence of record confirms his service in Korea between 1960 and 1961, which entitles him to the KDSM.  Therefore, it would be appropriate to correct his record and separation document 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 by: 

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 31 March 1959 to 30 April 1962;

   b.  amending his 30 April 1962 DD Form 214 by adding the National Defense Service Medal; the Korean Defense Service Medal; and the Good Conduct Medal to the list of awards contained in Item 26; and

   c.  providing him a correction to his separation document that includes these awards.



      __________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)                                         AR20080012054



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ABCMR Record of Proceedings (cont)                                         AR20080012054



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