IN THE CASE OF:	  

		BOARD DATE:	    5 October 2010

		DOCKET NUMBER:  AR20100009836 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show additional awards and decorations that he may be entitled to.

2.  The applicant states he recently learned the Army established the Honorable Service Commemorative, American Defense Commemorative, Cold War Commemorative, U.S. Army Commemorative, Armed Forces Marksman Commemorative, and Foreign Expeditionary Commemorative for service in France.  He also states he was told that these are new medals and he is checking to see if he qualifies for them.  He adds that he has already been issued the Cold War Certificate.  He states that his grandson is currently serving in a war zone and he would like to leave his decorations to him.

3.  The applicant provides no additional documentary evidence 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 enlisted in the Regular Army on 8 November 1961 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 711.10 (Clerk Typist).  He was advanced to private first class (PFC)/E-3 on 11 July 1962.

3.  The applicant's DA Form 24 (Service Record) shows in:

   a.  section 4 (Chronological Record of Military Service) that he received "excellent" conduct and efficiency ratings throughout his service, except for two periods of "unknown" while he in a hospitalized status;

   b.  section 5 (Service Outside Continental United States (CONUS)) that he departed the United States on 1 May 1962 for duty in France and he returned to CONUS on 17 December 1962; and

	c.  section 9 (Medals, Decorations, and Citations) the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  There is no record of trial by courts-martial or any other disciplinary action in the applicant's military service records.

5.  The applicant's DD Form 214 shows he was honorably discharged from the Army on 24 January 1963.

   a.  At the time he had completed 1 year, 2 months, and 17 days of net active service this period and 7 months and 16 days of foreign service in France.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.


6.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

   a.  There is no evidence he was authorized the National Defense Service Medal.

   b.  There are no orders or other evidence that shows he was awarded the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

   b.  The Military Awards regulation does not authorize commemorative awards.  These awards are normally created and offered to the public by private organizations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show additional awards and decorations that he may be entitled to.

2.  The applicant served a qualifying period of honorable active service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.


3.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.

* he was advanced to PFC in just over 8 months after entering active duty
* there is no evidence of any disqualifying information
* he received "excellent" conduct and efficiency ratings throughout his military service, except conduct and efficiency ratings of "unknown" while he was a patient in the hospital

4.  Based on the available evidence, it would be appropriate to award him the Army Good Conduct Medal (First Award) and to correct his DD Form 214 to show this award.

5.  The evidence shows that the Military Awards regulation does not authorize commemorative awards.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show the Honorable Service Commemorative, American Defense Commemorative, Cold War Commemorative, U.S. Army Commemorative, Armed Forces Marksman Commemorative, or Foreign Expeditionary Commemorative for service in France.

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 Army Good Conduct Medal (First Award) for exemplary conduct, efficiency, and fidelity from 8 November 1961 to 24 January 1963, and

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

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 commemorative decorations.



      ______ _  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)                                         AR20100009836



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ABCMR Record of Proceedings (cont)                                         AR20100009836



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