IN THE CASE OF:	

		BOARD DATE:	15 September 2009    

		DOCKET NUMBER:  AR20090007198 


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, the National Defense Service Medal, and the Armed Forces Expeditionary Medal with bronze service star.  

2.  The applicant states that he was stationed in the Communication Zone, U.S. Army Europe (COMZ USAREUR) in France during the time frame he was authorized award of the Armed Forces Expeditionary Medal in support of Berlin and Cuban Operations.  He also states that he is authorized the National Defense Service Medal according to the Department of Defense Directive.  He concludes that he should also be awarded the Good Conduct Medal based on his active duty time and the letter of appreciation he received from his detachment commander at the time. 

3.  The applicant provides a copy of a letter of appreciation, dated 29 May 1963; a copy of Special Orders Number 162, issued by Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, on 11 June 1963; and a copy of Special Orders Number 105, issued by Headquarters, 1st Signal Group, on 17 May 1963, in support of his request.  

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 he enlisted in the Regular Army for a period of 3 years on 27 June 1960.  He completed basic combat and advanced individual training and was awarded military occupational specialty 328.10 (Dial Central Office Repairer).  He was honorably separated in the rank/grade of specialist five (SP5)/E-5 (Temporary) on 14 June 1963 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records also show he served in France from on or about 15 December 1961 to 14 June 1963.  He was assigned to the 313th Signal Company. 

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar.  Item 26 does not show award of the National Defense Service Medal, the Good Conduct Medal, the National Defense Service Medal, and/or the Armed Forces Expeditionary Medal with bronze service star.  

5.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, his records do not show any derogatory information throughout his military service.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and 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; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes participation in Berlin from 14 August 1961 to 1 June 1963 and Cuba from 24 October 1962 to 1 June 1963.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal, the National Defense Service Medal, and the Armed Forces Expeditionary Medal with bronze service star.  

2.  The evidence of record shows the applicant entered active duty on 27 June 1960 and was honorably released on 14 June 1963.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and he is entitled to correction of his records to show this award.

3.  The evidence of record confirms that the applicant served honorably during the period 27 June 1960 through 14 June 1963.  He attained the temporary rank of SP5/E-5 and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  Furthermore, his record is void of any derogatory information that would have disqualified him for award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correct his records to show this award.  

4.  There is no evidence available that shows the applicant was a bona fide member of a unit participating in, or engaged in the direct support of Berlin or Cuban operations for 30 consecutive or 60 nonconsecutive days; or that he was a member of a unit that provided support and was involved in entering the area of operations.  Therefore, he does not meet the criteria for this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 June 1960 through 14 June 1963; 

	b.  awarding the applicant the National Defense Service Medal; and 

	c.  adding the Good Conduct Medal (1st Award) and the National Defense Service Medal to the applicant's 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 the Armed Forces Expeditionary Medal with a bronze service star.




      _______ _   _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)                                         AR20090007198



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ABCMR Record of Proceedings (cont)                                         AR20090007198



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