IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090008476 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Good Conduct Medal, the Expert Infantryman Badge, and the Senior Parachutist Badge. 

2.  The applicant states these awards are not shown on his DD Form 214.   

3.  The applicant provides a letter, dated 14 April 2009, from a Member of Congress; an application for the Senior Parachutist Badge; a Report of Proceeding of Board of Officers; orders for the Expert Infantryman Badge; a DD Form 214; and two certificates 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 enlisted in the Regular Army on 31 May 1955 for a period of 
3 years.  He trained as a light weapons infantryman. On 16 November 1955, he was honorably discharged for immediate reenlistment.  The applicant reenlisted on 17 November 1955 for a period of 6 years.  He served in Germany from 
23 January 1956 to 29 December 1958.  On 21 February 1962, he was released from active duty in the rank of specialist four after completing 6 years, 8 months, and 21 days of creditable active service with no lost time.   

3.  The applicant's DD Form 214 shows the Parachutist Badge as an authorized award.

4.  There are no orders for the Good Conduct Medal in the available records. 

5.  The applicant's DA Form 24 (Service Record) shows that the applicant received conduct and efficiency ratings of “excellent” throughout his service.  

6.  There are no orders for the Senior Parachutist Badge in the available records.  However, the applicant provided an application for the Senior Parachutist Badge, dated 14 November 1958.  He also provided a Report of Proceeding of Board of Officers which convened on 24 November 1958 to determine whether the applicant was qualified to be awarded the Senior Parachutist Badge.  The board found that the applicant satisfactorily met all the qualifications for award of the Senior Parachutist Badge and recommended that he be awarded the badge.  The form indicates that the action by the convening authority was approved.  

7.  On 25 September 1959, the applicant was convicted by a summary court-martial for having an unclean uniform. 

8.  Headquarters, 82nd Airborne Division Special Orders Number 249, dated 
14 December 1960, show the applicant received the Expert Infantryman Badge.

9.  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.  The regulation also stated, in pertinent part, that conviction by court-martial terminates a period of qualifying service and that a new period begins following the completion of sentence imposed by court-martial.    

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Senior Parachutist Badge.  Award of the Senior Parachutist Badge requires a rating of excellent in character and efficiency, completion of 30 jumps (15 with combat equipment, two night jumps with one as jumpmaster, two mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

11.  Army Regulation 600-8-22 further provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 
14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Good Conduct Medal in the available records.  Since the applicant's military records show his conduct and efficiency ratings were excellent during the period 31 May 1955 through 30 May 1958, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 31 May 1955 through 30 May 1958.  Therefore, his DD Form 214 should be corrected to show the first award of the Good Conduct Medal.  

2.  The applicant's military records show he was convicted by a summary court-martial on 25 September 1959.  The governing regulation states that conviction by courts-martial terminates a period of qualifying service.  Therefore, the applicant does not meet the eligibility criteria for a second award of the Good Conduct Medal.

3.  Orders show the applicant received the Expert Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  The 24 November 1958 Report of Proceeding of Board of Officers which shows the board found that the applicant satisfactorily met all the qualifications for award of the Senior Parachutist Badge and recommended that he be awarded the badge is accepted as sufficient evidence on which to amend his DD Form 214 to show the Senior Parachutist Badge.  
5.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show 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 him the first award of the Good Conduct Medal for the period 
31 May 1955 through 30 May 1958; and

	b.  adding the Good Conduct Medal, the Expert Infantryman Badge, the Senior Parachutist Badge, and the National Defense Service Medal on 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 a second award of the Good Conduct 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)                                         AR20090008476





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ABCMR Record of Proceedings (cont)                                         AR20090008476



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