IN THE CASE OF:	   

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:   AR20080012162 


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 and the Armed Forces Expeditionary Medal.  He also wants both medals and his dates of service in Korea to be listed on a new DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that he should be awarded what he earned. 

3.  The applicant provides no additional evidence 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 was inducted on 15 July 1966.  He served as a light weapons infantryman in Korea from 12 January 1967 through 1 March 1968.  On 12 July 1968, he was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 28 days of creditable service with no lost time. 

3.  The applicant’s DD Form 214 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. 

4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

5.  A DD Form 215 (Correction to DD Form 214), dated 17 July 2008, amended the applicant’s DD Form 214 to add the Armed Forces Expeditionary Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 30 (Remarks) on his DD Form 214 was amended to show his dates of service in Korea.  Therefore, this portion of the applicant’s requests will not be discussed further in these Proceedings.   

6.  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 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

7.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that a DD Form 214 will not be reissued unless directed by proper appellate authority; unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the temporary rank of sergeant with almost 
2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period
15 July 1966 through 12 July 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

2.  Although the applicant requests that the Good Conduct Medal be shown on a new DD Form 214, the governing regulation states that a DD Form 214 will not be reissued unless directed by proper appellate authority; unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.  Therefore, there is no basis for granting the applicant’s request for a new DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____XX____  ____XX____  ___XX_____  GRANT PARTIAL RELIEF 
________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  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 
15 July 1966 through 12 July 1968; and  

	b.  adding the Good Conduct Medal to his DD Form 214.




2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing a new DD Form 214.  



      _______ XXXX_   _______   ___
               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)                                         AR20080012162





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ABCMR Record of Proceedings (cont)                                         AR20080012162



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