BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090020822 


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, that his records be corrected to show Ranger training in June 1961 and award of the Army Good Conduct Medal in July 1965.

2.  The applicant states that the copy of his records that he received had no record of these items.

3.  The applicant provides copies of four photographs and a letter of appreciation for his performance as an instructor at the U.S. Army Southeastern Signal School, Fort Gordon, GA.

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 (RA) on 10 September 1958.  He completed basic combat and advanced individual training as a carpenter and served at Fort Hood, TX and in France.

3.  He was advanced to rank/grade of private first class (PFC)/E-3 on 12 May 1959.

4.  There is no evidence of record to show completion of Ranger training.

5.  On 26 August 1961, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."  Item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) show the entry "None."  Item 29 (Other Service Training Courses Successfully Completed) does not show completion of Ranger training.

6.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service) for the period 10 September 1958 to 26 August 1961 shows he received "excellent" conduct and efficiency ratings throughout this period of service.  There is no record of any disciplinary actions taken against him during this period.

7.  This DA Form 24, section 9 (Medals, Decorations, and Citations) also show he qualified with his assigned rifle on 23 February 1961.

8.  The applicant again enlisted in the RA on 23 August 1962.  He completed training as a communications specialist and served at Fort Gordon and in Germany.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on
24 September 1964.

9.  On 12 August 1965, the applicant was separated with an honorable discharge.  He had completed 2 years, 11 months, and 20 days active duty service during this period.  He also received all "excellent" conduct and efficiency ratings during this period of service.

10.  There is no evidence of record that shows the applicant was recommended for or awarded the Army Good Conduct Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army, and established standardized procedures for the preparation and distribution of these documents, including the DD Form 214.  It stated that for:

* item 28, enter service schools, including dates and major courses which were successfully completed.  This entry also included military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.

* item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses that enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records show Ranger training in June 1961 and award of the Army Good Conduct Medal in July 1965.  The copy of his records that he received had no record of these items.

2.  There is no available record and the applicant did not provide any evidence to show that he completed Ranger training.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  There is no available record that the applicant was recommended for or awarded the Army Good Conduct Medal.  However, evidence of record shows he received "excellent" conduct and efficiency ratings for his qualifying period of service from 10 September 1958 to 26 August 1961.  There is also no record of any disciplinary actions against the applicant for this period.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

4.  Although the applicant had all "excellent" conduct and efficiency ratings during his second period of service from 23 August 1962 to 12 August 1965, this period was less than the required 3-year period for the second award of the Army Good Conduct Medal.  Therefore, there is no basis for granting this portion of his request.

5.  Records show he qualified as an expert with his assigned rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar.

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 Army Good Conduct Medal (1st award) for the period 10 September 1958 to 26 August 1961, and

	b.  adding to item 26 of his DD Form 214 for the period ending 26 August 1961 the Army Good Conduct Medal (1st award) and the Expert Marksmanship Qualification Badge with Rifle Bar.

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 correcting his DD Form 214 to show completion of Ranger training and award of the Army Good Conduct Medal in July 1965.



      __________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)                                         AR20090020822



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ABCMR Record of Proceedings (cont)                                         AR20090020822



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