IN THE CASE OF:

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20120000344 


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 the records of his deceased father, a former service member (FSM), to show award of the:

* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal

2.  The applicant states there are no awards listed on his father's discharge documents.  His father should be eligible for the:

* Army Good Conduct Medal for his service from 1956 to 1958
* Korea Defense Service Medal for his service after 28 July 1954
* National Defense Service Medal for his service after January 1961

3.  The applicant provides:

* FSM's certificate of death
* his own certificate of birth
* newspaper article
* FSM's Honorable Discharge Certificate, dated 20 September 1958
* FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 June 1961
* FSM's General Discharge Certificate, dated 1 June 1961
* 
FSM's DD Form 214 for the period ending 18 June 1963
* DA Form 275A (General Discharge Certificate), dated 18 June 1963

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 18 September 1956.  He completed training and was awarded military occupational specialty (MOS) 323.10 (Telephone Installation Repairman).  On 20 July 1958, he was discharged for the purpose of immediate enlistment in the Regular Army as a specialist four/E-4.  He completed 1 year, 10 months, and 3 days of net service during this period.  His DD Form 214 for this period shows no awards.

2.  The FSM enlisted in the Regular Army for a period of 3 years on 21 July 1958.

3.  On 21 February 1961, the FSM was convicted in accordance with his plea by a special court-martial of being absent without leave (AWOL) from 30 January to 13 February 1961.

4.  The FSM was discharged under honorable conditions on 1 June 1961 as a private first class/E-3.  He completed 2 years, 9 months, and 19 days of net service during this period.  His DD Form 214 for this period shows:

* no awards
* in item 32 (Remarks) – 24 days of lost time under section 6(a), appendix 26, Uniform Code of Military Justice (UCMJ), 1951 

5.  The FSM immediately reenlisted on 2 June 1961 for a period of 6 years.

6.  On 4 August 1962, the FSM was convicted by a summary court-martial of being AWOL on 28 July 1962 and failing to obey a lawful order to be present for bed check.

7.  On 8 February 1963, the FSM was convicted by a special court-martial of being AWOL from 23 January to 30 January 1963.

8.  On 6 March 1963, the FSM was administered nonjudicial punishment under the provisions of Article 15 of the UCMJ failing to repair for duty.

9.  On 29 May 1963, The FSM's commander recommended his discharge because of unsuitability.  The discharge authority approved the discharge and directed issuance of a General Discharge Certificate.

10.  The FSM was discharged under honorable conditions on 18 June 1963 as a private/E-2.  He completed 2 years and 4 months of net service during this period.  No awards are shown on this DD Form 214 for this period.  Item 32 shows 18 days of excess leave and 13 days of lost time.

11.  The FSM's DA Form 24 (Service Record) shows:

	a.  in section 2 (Chronological Record of Military Service) he was assigned in Korea to the:

* 24th Signal Company from 12 September to 14 October 1957
* 13th Signal Battalion from 15 October 1957 to 25 October 1958
* 13th Signal Battalion from 1 August 1961 to 28 September 1962

	b.  he had all "excellent" conduct and efficiency ratings from 18 September 1956 until the period 29 November 1958 to 27 June 1960 when his conduct and efficiency were rated "good,"

	c.  in section 6 (Time Lost) he accrued 5 days of AWOL from 28 December 1962 to 1 January 1963 and 8 days of AWOL from 23 January to 30 January 1963, and

	d.  in section 9 (Medals, Decorations, and Citations) he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar in 1956 and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar in 1962.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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 by the Secretary of Defense.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was 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 and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the records of his deceased father should be corrected to show he was awarded the Army Good Conduct Medal for his service from 1956 to1958 and that his father served during periods to qualify him for award the National Defense Service Medal and Korea Defense Service Medal.

2.  The available evidence shows the FSM served qualifying periods of service for award of the National Defense Service Medal and Korea Defense Service Medal.  These awards should be added to his final DD Form 214 for the period ending 18 June 1963.

3.  The FSM's Service Record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.  These badges should be added to his final DD Form 214 for the period ending 18 June 1963.

4.  The FSM did not qualify for award of the Army Good Conduct Medal:

	a.  His inducted service from 18 September 1956 to 20 July 1958 was terminated by his decision to immediately enlist in the Regular Army.  Therefore, that period of service did not end with the termination of a period of Federal military service.

	b.  His other periods of service were marred by court-martial convictions, thereby disqualifying him for the Army Good Conduct Medal.

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 adding the following awards to the FSM's final DD Form 214 for the period ending 18 June 1963:

* National Defense Service Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

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 the Army Good Conduct Medal.



      __________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)                                         AR20120005064



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ABCMR Record of Proceedings (cont)                                         AR20120000344



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