IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011524 


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 items 11d (Effective Date) and 19c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests award of the Army Good Conduct Medal and the National Defense Service Medal.

2.  The applicant states:

* his dates of service are reversed on his DD Form 214
* the Army Good Conduct Medal and the National Defense Service Medal were never awarded, issued, or placed on his DD Form 214 

3.  The applicant provides a copy of his DD Form 214.

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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 9 July 1962 for a period of 3 years.  He served as a dental assistant and he was released from active duty on 8 July 1965 in the temporary rank of specialist five (SP5) after completing 3 years of active service with no time lost. 

3.  Item 11d of the applicant's DD Form 214 shows the entry "8 Jul 62" [8 July 1962].  Item 19c of his DD Form 214 shows the entry "9 Jul 65" [9 July 1965].  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows a Letter of Appreciation as an authorized award.

4.  Special Orders Number 125, issued by Headquarters, Fort Myer, VA, dated 18 June 1965, show the applicant was to be released from active duty on 8 July 1965.

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

6.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received an efficiency rating of "Fair" for the period 12 October 1962 to 7 December 1962.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for:

* item 11d, enter the date separation is accomplished
* item 19c, enter the date entered on active duty or date enlistment or reenlistments accomplished

8.  Army Regulation 672-5-1 (Awards), 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.

9.  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 separation orders which show he was to be released from active duty on 8 July 1965 are accepted as sufficient evidence on which to amend item 11d of his DD Form 214.  Therefore, item 11d of his DD Form 214 should be corrected accordingly.

2.  The applicant's enlistment record which shows he enlisted in the RA on 9 July 1962 is accepted as sufficient evidence on which to amend item 19c of his DD Form 214.  Therefore, item 19c of his DD Form 214 should be corrected accordingly.

3.  There are no orders for the Army Good Conduct Medal in the available records.  The applicant's military records show he had an efficiency rating of “Fair” during the period 12 October 1962 to 7 December 1962, which is a disqualifying factor for award of the Army Good Conduct Medal.  Therefore, the applicant did not meet the eligibility criteria for the first award of the Good Conduct Medal.

4.  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.  deleting from item 11d of his DD Form 214 the entry "8 Jul 62" and replacing it with the entry "8 Jul 65";

	b.  deleting from item 19c of his DD Form 214 the entry "9 Jul 65" and replacing it with the entry "9 Jul 62"; and

	c.  adding to item 26 of his DD Form 214 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 award of the Army 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)                                         AR20100011524



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ABCMR Record of Proceedings (cont)                                         AR20100011524



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