IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005704 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.  He also requests correction of his
DD Form 214 to show:

* Completion of 33 credit hours at the U.S. Air Force (USAF) Extension Course Institute
* entitlement to the National Defense Service Medal

2.  The applicant states he served honorably in the U.S. Army from 5 May 1958 to 5 May 1961.  He was honorably discharged from the U.S. Army Reserve (USAR) on 30 April 1964.  He served his enlistment honorably and faithfully throughout his entire enlistment.

3.  The applicant provides:

* his Honorable Discharge Certificate and discharge orders from the USAR
* his DD Form 214
* ECI Form 26 (USAR Extension Course Institute - Certificate of Completion), dated 5 May 1960
* his DA Form 20 (Enlisted Qualification Record)
* his DA Form 24 (Service Record)
* his DD Form 4 (Enlistment Record - Armed Forces of the United states)

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 5 May 1958 for a period of
3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 173.10 (Air Defense Missile Crewmember).

3.  His records do not contain official orders awarding him the Army Good Conduct Medal.

4.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 27 April 1961 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed
2 years, 11 months, and 23 days of total active service with no time lost.

6.  His DD Form 214 shows in:

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized), the Expert Marksmanship Qualification Badge with Rifle (Carbine) and Missile (Ajax - Nike - IFC) Bars.

	b.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) shows the entries "None or NA" in sub-items 28a (Name of School), 28b (Dates), and 28c (Major Courses).

	c.  Item 29 (Other Service Training Courses Successfully Completed) shows the entry "None." 
7.  He was honorably discharged from the USAR on 30 April 1964 after having completed his remaining service obligation.

8.  There is no evidence of any derogatory or disciplinary actions or a commander's disqualification that would preclude the applicant from being awarded the first award of the Army Good Conduct Medal.

9.  He submitted a certificate of completion, dated 1 May 1960, that shows he completed 33 credit hours of the Electronics Fundamentals Course at the USAF Extension Course Institute.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* Item 28, enter service schools, including dates and major courses which were successfully completed; this entry includes military sponsored courses completed in civilian schools and colleges during the period by the DD Form 214 being prepared
* Item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared

11.  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 qualified 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.

12.  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 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 honorably on active duty during the period 5 May 1958 through 27 April 1961.  He received all "excellent" conduct and efficiency ratings throughout his military service and he attained the rank/grade of SP5/E-5.  His record does not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  It appears he did not receive the Army Good Conduct Medal as a result of an administrative oversight.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show his award.

2.  He completed the Electronics Fundamentals course at the USAF Extension Course Institute through correspondence.  The regulation in effect at the time authorized an entry in item 29 of the DD Form 214 for military correspondence courses for enlisted Soldiers.  Therefore, his DD Form 214 should be corrected to show this correspondence course.

3.  The applicant served during a qualifying period of honorable service for entitlement to the National Defense Service Medal.  Therefore, 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
5 May 1958 through 27 April 1961;

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal

	c.  adding to item 29 of his DD Form 214 the entry "Electronics Fundamentals."



      ___________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)                                         AR20110005704



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ABCMR Record of Proceedings (cont)                                         AR20110005704



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