BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011784 


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) for the period ending 8 August 1962 to show all the awards and decorations to which he is entitled.

2.  The applicant states item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 3 July 1961 shows the Expert (Rifle) and item 26 of his
DD Form 214 for the period ending 8 August 1962 shows "None."

3.  The applicant provides his two DD Forms 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 21 July 1959 and he held military occupational specialty 765.10 (Supply and Parts Specialist).

3.  He served in Korea from 25 July 1960 to 15 June 1961 while assigned to Company A, 4th Signal Battalion.

4.  He was honorably released from active duty on 3 July 1961 as an overseas returnee and he was transferred to the U.S. army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He attained the grade/rank of specialist four (SP4)/E-4.  He completed 1 year, 11 months, and 13 days of total active service with no time lost.

5.  Item 26 of the DD Form 214 he was issued for this period of service shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  On 15 October 1961, he was ordered to active duty as a member of his USAR unit.  He was honorably released from active duty on 8 August 1962 and returned to the USAR to complete his remaining Reserve obligation.  He completed 9 months and 24 days of net active service this period with no time lost, for a total of 2 years, 9 months, and 7 days of creditable active service.

7.  Item 26 of the DD Form 214 he was issued for this period of service shows the entry "None."

8.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout both periods of his active service.

9.  His record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

10.  Army Regulation 600-65 (Military 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, 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 must have all been recorded as "excellent" or higher and there must have been no convictions by court-martial.


11.  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.  

12.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served honorably from 21 July 1959 through 3 July 1961 for a period of 1 year, 11 months, and 13 days.  He received all "excellent" conduct and efficiency ratings throughout his military service and attained the rank/grade of SP4/E-4.  His record is void of any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal for the period 21 July 1959 through 3 July 1961.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for this period of service and correct his DD Form 214 for the period ending 8 August 1962 to show this award.

2.  He served during a qualifying period for award of the National Defense Service Medal and the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 August 1962 to show these awards.


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 21 July 1959 through 3 July 1961, and

	b.  adding to item 26 of his DD Form 214 for the period ending 8 August 1962 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)



      __________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)                                         AR20110011784



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ABCMR Record of Proceedings (cont)                                         AR20110011784



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