IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012562 


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 Separation from the Armed Forces of the United States), item 30 (Service Schools or Colleges, College Training, Courses and/or Post Graduate Courses Successfully Completed), to show he completed the Aircraft Recognition and Automatic Weapons Fire Courses and item 27 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Army Good Conduct Medal.

2.  He states these courses and the Army Good Conduct Medal are not shown on his DD Form 214.

3.  He provides copies of his:

* Aircraft Recognition and Automatic Weapons Fire Course completion certificates
* Antiaircraft Artillery Examination completion certificate
* DD Form 214
* Honorable Discharge Certificate

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 military records show he enlisted in the Regular Army in pay grade E-1 on 26 September 1949 for 3 years.  He completed training and was awarded military occupational specialty 4602 (light truck driver).  He served in England from 1 February 1951 through 11 December 1952.

3.  He provided certificates which show he completed 3 weeks each of the Aircraft Recognition and Automatic Weapons Fire Courses.  He also completed an examination in light Antiaircraft Artillery on 1 November 1952 and was determined qualified as a second class artilleryman.

4.  His WD AGO Form 24A (Service Record), section 24 (Indorsements), shows he received excellent and superior character and efficiency ratings during his period of service and was favorably considered for the Army Good Conduct Medal from 15 January 1950 to 30 November 1952.  His records do not contain orders awarding him the Army Good Conduct Medal.

5.  Item 32 (Qualification in Arms) of his DA AGO Form 20 (Soldier's Qualification Card) shows he qualified for the Expert Marksmanship Qualification Badge with Carbine Bar.  This badge is not shown on his DD Form 214.

6.  He was honorably discharged from active duty in pay grade E-3 on 17 December 1952.  He was credited with 3 years, 2 months, and 22 days of net active service with no lost time.  Item 27 of his DD Form 214 contains the entry "None."  Item 30 contains the entry "None" and "N/A" in each column.

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated that item 30 would list the service training course (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214 being prepared.  The entry would also include military sponsored courses completed in civilian schools and colleges.

8.  Army Regulation 600-65 (Awards), then in effect, 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 the 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. 
There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) specifies 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Aircraft Recognition and Automatic Weapons Fire Courses during his period service.  These courses are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214, item 30, to show completion of the Aircraft Recognition and Automatic Weapons Fire Courses.

2.  The evidence also shows he received excellent and higher character and efficiency ratings and was favorably considered for the Army Good Conduct Medal.  Based on completing a qualifying period of honorable service, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 26 September 1949 to 25 September 1952 and correction of his DD Form 214 to show this award.

3.  The evidence further shows he completed a qualifying period of service for the National Defense Service Medal.  It is also shown he was entitled to the Expert Marksmanship Qualification Badge with Carbine Bar.  Therefore, these awards should also be added to his DD Form 214.

4.  In view of the foregoing, his records should be corrected as recommended below.


BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for the period 26 September 1949 to 25 September 1952;

	b.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Expert Marksmanship Qualification Badge with Carbine Bar; and

	c.  amending item 30 of his DD Form 214 to show the Aircraft Recognition and Automatic Weapons Fire courses.



      _______ 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)                                         AR20100012562



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ABCMR Record of Proceedings (cont)                                         AR20100012562



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