IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120005933 


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, the Army Good Conduct Medal, Armed Forces Expeditionary Medal, and all other awards to which he may be entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he believes the awards to which he is entitled were accidently omitted from his DD Form 214.

3.  The applicant provides his DA Form 24 (Service Record) and DD Form 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 10 November 1958.  He completed training at Fort Leonard Wood, MO, and he was awarded military occupational specialty 142.60 (Heavy and Very Heavy Field Artillery Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 30 March 1959 to 19 October 1960.

4.  His DA Form 24 shows he was assigned to Battery A, 3rd Howitzer Battalion, 37th Artillery Regiment from 10 April 1959 to 20 October 1960.  This form further shows he received all "excellent" conduct and efficiency ratings with the exception of one period from 14 November 1958 to 29 January 1959, when he received conduct and efficiency ratings of "good."

5.  There is no record of his participation in any U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.

6.  He was honorably released from active duty on 25 October 1960.  His DD Form 214 shows he completed 1 year, 11 months, and 16 days of net active service, 1 year, 5 months, and 20 days of which were credited as foreign service. His DD Form 214 does not list any awards.

7.  Army Regulation 600-65, 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 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, will not be disqualifying.  There must have been no convictions by court-martial.  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.

8.  Army Regulation 600-8-22 (Military Awards) states the AFEM may be authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the evidence of record shows the applicant received "good" efficiency and conduct ratings during training at Fort Leonard Wood, MO in 1958.  The governing regulation stipulated an enlisted person must have had all "excellent" conduct and efficiency ratings in order to receive the Army Good Conduct Medal for a period of service of less than three years.  The applicant did not meet the criteria for this award.  Therefore, he is not entitled to award or the Army Good Conduct Medal.  

2.  There is no record of his participation in any U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations; therefore, absent evidence to the contrary, he is not entitled to have the AFEM added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20120005933





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005933



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1