BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110011288 


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.

2.  The applicant states he served honorably on active duty in the Regular Army for a period of 3 years.  He graduated from the 7th Army Noncommissioned Officers Academy (NCOA); served with the 36th Infantry, 3rd Armored Division in Germany; and was promoted to sergeant (SGT)/pay grade E-5.  He adds his award of the Army Good Conduct Medal was overlooked during his separation.

3.  The applicant provides copies of a certificate, his separation documents, and a National Personnel Records Center letter.

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 RA for a period of 3 years on 18 February 1958.  He was awarded military occupational specialty 112.60 (Heavy Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 26 (Military Education):  7th Army NCOA, 4 weeks, 1959; and

	b.  item 29 (Foreign Service):  Germany from 8 September 1958 through
22 September 1960.

4.  The applicant's DA Form 24 (Service Record) shows in:

	a.  section I (Appointments, Promotions, or Reductions) [in part]: he was promoted to SGT (E-5) on 16 May 1960;

	b.  section 4 (Chronological Record of Military Service) [in part]:  he received "excellent" conduct and efficiency ratings throughout his military service, except for two periods (from 18 to 27 February 1958 and from 9 to 25 May 1958) when he received ratings of "unknown"; and

	c.  section 9 (Medals, Decorations, and Citations):

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Mortar Bar

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 18 February 1958, he was honorably released from active duty on 17 February 1961, and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.

	a.  He completed 3 years of net active service this period that included
2 years and 1 month of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows "None."

6.  The applicant's military service records do not contain any evidence of disciplinary action, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).


7.  In support of his application, the applicant provides the following documents:

	a.  Seventh U.S. Army, NCOA Certificate, that shows the applicant graduated from the Academy on 28 August 1959;

	b.  Headquarters, Office of The Adjutant General, St. Louis, Missouri, letter, dated 31 January 1964, and a DD Form 256A (Honorable Discharge Certificate) that show the applicant was honorably discharged from the Army of the United States on 31 January 1964.

	c.  National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 24 November 2010, that authorized the shipment of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Mortar Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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 [emphasis added], 2 August 1990 and 30 November 1995, and
11 September 2001 and a date to be determined.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 18 February 1958 through
17 February 1961.

	a.  The applicant received "excellent" conduct and efficiency ratings during his service, except for two periods (of 10 days and 17 days) when he received ratings of "unknown," which are not disqualifying.
   
   b.  The applicant graduated from the NCOA, was promoted to SGT (E-5) with only 2 years and 3 months of active service, he served overseas in Germany for more than 24 months, he had no time lost during the period under review, and he was honorably released from active duty with 3 years of active military service.
   
   c.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award).

2.  Records show that the applicant:

   a.  qualified for the National Defense Service Medal based on his active duty service during the period from 1 January to 17 February 1961; and

   b.  was authorized the Expert Marksmanship Qualification Badge with Mortar Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his awards and decorations 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 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
18 February 1958 through 17 February 1961;

	b.  deleting from item 26 of his DD Form 214 the entry "None"; and



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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle 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)                                         AR20110011288



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ABCMR Record of Proceedings (cont)                                         AR20110011288



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