IN THE CASE OF:	  

		BOARD DATE:	    5 May 2011

		DOCKET NUMBER:  AR20100026235 


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 award of the Joint Service Commendation Medal, Army Commendation Medal, Army Good Conduct Medal, and any other awards to which he may be entitled.

2.  The applicant states the awards were omitted from his DD Form 214 when he was separated from active duty.

3.  The applicant provides copies of his Joint Service Commendation Medal and Army Commendation Medal award documents, two DA Forms 137 (Installation Clearance Record), and 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 was inducted into the Army of the United States on
14 November 1963.  Upon completion of training he was awarded military occupational specialty 71C (Stenographer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) the Joint Service Commendation Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  General Orders Number 73, issued by Headquarters, United States Strike Command, MacDill Air Force Base, FL, dated 1 July 1964, awarded the applicant the Joint Service Commendation Medal for outstanding performance of duty during the period 24 February to 1 June 1964, while participating in Joint Exercise Desert Strike.

5.  A DA Form 638 (Recommendation for Award), dated 20 October 1965, shows the applicant was recommended for award of the Army Commendation Medal for meritorious service during the period 14 May to 13 November 1965.

   a.  The accompanying award citation shows the period of meritorious service from 15 July 1964 to 13 November 1965.

   b.  A DA Form 2496 (Disposition Form), subject:  Request for Orders, dated
9 December 1965, shows the Personnel Officer, Office of the Deputy Chief of Staff for Operations, The Pentagon, requested that orders be published announcing award of the Army Commendation Medal to the applicant for the period 15 July 1964 to 13 November 1965.  This form also contains the typed entry "Action taken to announce the award in DA general orders."

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 November 1965 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 1 year,
11 months, and 29 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."

7.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal.

	a.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

	 b.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

	c.  There is no evidence of any disciplinary actions in the applicant's military personnel records.

8.  The applicant provides:

   a.  a Headquarters, United States Strike Command, MacDill Air Force Base, memorandum, dated 8 July 1964, and citation that shows the Commander in Chief, United States Strike Command, awarded the applicant the Joint Service Commendation Medal for outstanding performance of duty during the period
24 February to 1 June 1964.

   b.  an Army Commendation Medal Certificate and citation that show Lieutenant General V.P. M--k, Deputy Chief of Staff for Military Operations, awarded the applicant the Army Commendation Medal for meritorious service during the period 14 May to 13 November 1965.  The accompanying citation shows the period 15 July 1964 to 13 November 1965.

   c.  two DA Forms 137, dated 2 July 1964 and 9 November 1965, that shows the applicant's respective commanders rated him as "excellent" for both conduct and efficiency.

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

   a.  There is no evidence the applicant was awarded the National Defense Service Medal.

   b.  Headquarters, 2nd Training Regiment, Basic, The U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, Special Orders Number 7, dated
11 January 1964, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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 applicant served during a qualifying period for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award).

2.  General orders awarded the applicant the Joint Service Commendation Medal during the period from 24 February to 1 June 1964.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Although a copy of the general orders awarding the applicant the Army Commendation Medal is not in the available records, evidence shows action was taken to announce the applicant's award in DA general orders for the period
15 July 1964 to 13 November 1965.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this weapons qualification.

5.  Records also show the applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his period of active service.  In addition, there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.


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 Army Good Conduct Medal (1st Award) for the period
14 November 1963 through 12 November 1965; and

   b.  deleting from item 26 of his DD Form 214 the entry "None" and replacing it with the:

* Joint Service Commendation Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar



      __________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)                                         AR20100026235



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026235



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1