BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090013897 


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 Army Good Conduct Medal.

2.  The applicant states, in effect, that he served on active duty from 27 August 1962 to 26 August 1965 and during that time he was promoted four times and he was released from active duty in the rank/grade of sergeant (SGT)/E-5 with
10 1/2 months in grade.  He indicates that he was never reprimanded or received any type of disciplinary action.  He also states that when he joined the Kansas Army National Guard (KSARNG) he was told he needed to wear the medal on his Class A uniform and he did so for more than 20 years.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Report of Transfer or Discharge) and a letter, dated 1 July 2009, from the National Personnel Records Center (NRPC), St. Louis, MO.

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 Regular Army (RA) military records during the period
27 August 1962 to 26 August 1965 are not available to the Board.  This case is being considered using reconstructed records which primarily consist of a DD Form 214 and his Army National Guard records.

3.  The applicant's DD Form 214 shows he enlisted in the RA on 27 August 1962 in the rank/grade of private (PV1)/E-1 for a period of 3 years.  He served as an infantry direct fire crewman.  On 26 August 1965, he was honorably released from active duty in the temporary rank/grade SGT/E-5 after completing 3 years of creditable active service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

4.  The applicant's DD Form 214 shows the Parachutist Badge and the Armed Forces Expeditionary Medal as authorized awards.  His DD Form 214 does not show any lost time in item 32 (Remarks).

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

6.  Records show the applicant was discharged from the USAR on 26 August 1968.  He enlisted in the KSARNG on 28 January 1972 and he was honorably discharged in the rank of first sergeant (1SG)/E-8 on 15 October 1993 and transferred to the USAR Control Group (Retired).

7.  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.


8.  Army Regulation 600-8-22 (Military Awards) states 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.  The applicant's contentions were carefully considered.  In addition, the applicant's 21 years of honorable service in the Kansas Army National Guard were noted.

2.  Although the applicant's RA military records during the period 27 August 1962 to 26 August 1965 are not available, his DD Form 214 shows he enlisted as a PV1/E-1 and he was released from active duty in the temporary rank of SGT/E-5 after completing 3 years of honorable active service with no time lost.  It also appears that based on his promotion to the rank of SGT shortly after completing two years of active service, no record of any disciplinary being taken against him, and no record of a commander's disqualification, his not receiving the Army Good Conduct Medal (first award) was an administrative error.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (first award) based on completion of a period of qualifying service of three years from 27 August 1962 through 26 August 1965.

3.  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 medal.

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 him the first award of the Army Good Conduct Medal for the period 27 August 1962 through 26 August 1965; and

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (first award) and the National Defense Service 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)                                         AR20090013897



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ABCMR Record of Proceedings (cont)                                         AR20090013897



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