IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110001661 


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, award of the Army Good Conduct for his honorable period of service from 23 May 1955 through 6 May 1964. 

2.  He states the Army failed to issue him the Army Good Conduct Medal for this period of service.  He completed 12 years, 9 months, and 14 days of net service. He had two honorable discharges, no courts-martial, and no Article 15s.  He is dying; he deserves and wants this award for his next of kin.

3.  He provides his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), issued in 1958 and 1964.

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-2, on 23 May 1955, for 3 years.  He completed training and he was awarded military specialty 632.20 (Track Vehicle Mechanic).  He served in Germany from 23 May 1956 through 1 June 1959.  He was promoted to pay grade E-5 on 7 August 1957.  

3.  Section 4 - Chronological Record of Military Service, of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings from 23 May 1955 through 15 August 1955.  He received a "fair" conduct rating from 16 August 1955 through 2 November 1955.  He again received "excellent" conduct and efficiency ratings from 3 November 1955 through 30 June 1962.   

4.  He was honorably released from active duty for the purpose of immediate reenlistment in pay grade E-2 on 22 May 1958.  He was credited with completion of 3 years of active service and no time lost.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Marksman Marksmanship Qualification Badge with Carbine Bar and Mechanics Badge.  

6.  He reenlisted in the Regular Army on 23 May 1958 for 6 years.  He was again promoted to pay grade E-5 on 23 May 1958.

7.  Section 4 - Chronological Record of Military Service of his DA Form 24 shows he received "good" and "fair" conduct and efficiency ratings from 1 July 1962 through 1 May 1964.  

8.  He was honorably discharged in pay grade E-5 on 6 May 1964, as an overseas returnee.  He was credited with completion of 5 years, 11 months, and 14 days of net active service and he had no lost time.

9.  Item 26 of his DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Section 10 - Remarks of his DA Form 24 contains the entry "Article 15, this Article 15 is not available for review with the case, for failure to obey instructions and conduct unbecoming a Soldier.  Because of the unserviceable condition of the original service record all entries currently required has been transcribed into the new service records from the original and has been verified. [followed by a signature and a date of 13 May 1961]  Not favorably considered for award for Good Conduct Medal (14 February 1963)."

11.  Section 9 - Medal, Decorations, and Citations of his DA Form 24 list the:
* Mechanics Badge
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Carbine Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

12.  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 22 July 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contends he should have been awarded the Army Good Conduct Medal for his service from 23 May 1955 through 6 May 1964.  The evidence of record shows he enlisted in the Regular Army on 23 May 1955.  He received "excellent " conduct and efficiency ratings from 3 November 1955 through 30 June 1962.  He met the criteria for the first award of the Army Good Conduct Medal for the period 3 November 1955 through 2 November 1958.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for this period of service and correction of his DD Form 214 to show this award.

2.  The evidence of record also shows he received a “fair” conduct rating from 16 August through 2 November 1955.  He reenlisted in the Regular Army on 23 May 1958.  He received "good" and "fair" conduct and efficiency ratings from 1 July 1962 through 1 May 1964.  

3.  While the Article 15 is not available for review in this case, Section 10 of his DA Form 24 contains the entry, "Article 15 for failure to obey instructions and conduct unbecoming a Soldier.  Because of the unserviceable condition of the original service record all entries currently required has been transcribed into the new service records from the original and has been verified. [followed by a signature and a date of 13 May 1961]  Not favorably considered for award for Good Conduct Medal (14 February 1963)."

4.  Based on the foregoing, he is not entitled to additional award of the Army Good Conduct Medal for his periods of service from 3 November 1958 through 2 November 1961 and from 3 November 1961 through 6 May 1964.  
5.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 3 November 1955 through 2 November 1958 and adding this award to Item 24 of his DD Form 214.

2.  The Board further determined 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 additional award of the Army Good Conduct Medal and their addition to his DD Form 214.



      __________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)                                         AR20110001661



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ABCMR Record of Proceedings (cont)                                         AR20110001661



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