IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010280 


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 a second award of the Army Good Conduct Medal.  

2.  The applicant states:

* He did not receive his first award of the Army Good Conduct Medal until well into his second enlistment; the error was caused by his reassignment to another unit following disbanding of his primary unit 2 months prior to his discharge
* He completed a total of 6 years, 10 months, and 25 days of enlisted service; he would like his first award to coincide with his discharge date of 29 July 1959 and the second award to coincide with the end of 3 years on 29 July 1962

3.  The applicant did not provide any additional evidence. 

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's records show he enlisted in the Regular Army on 30 July 1956 and he held military occupational specialty 173.10 (Air Defense Missile Fire Control Crewmember).  

3.  He was honorably discharged on 29 July 1959 for the purpose of immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows the First Class Artilleryman Badge and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

4.  He reenlisted in the Regular Army on 30 July 1959.  He was assigned to the 2nd Missile Battalion, 562nd Artillery, Seattle, WA.

5.  On 1 November 1961, Headquarters, 2nd Missile Battalion, 562nd Artillery, Seattle, WA, published General Orders Number 23 awarding him the Army Good Conduct Medal (1st Award) for service from 2 October 1958 to 1 October 1961.  

6.  He subsequently served in Alaska from 1 December 1960 to 16 December 1962.  He was honorably discharged on 24 June 1963 in the rank/grade of specialist five (SP5)/E-5 to accept appointment as a commissioned officer.  His DD Form 214 for this period of service shows the Army Good Conduct Medal.  

7.  His record is void of any disciplinary action in the form of nonjudicial punishment, lost time, court-martial, or any other derogatory information.  Additionally, Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received “excellent” conduct and efficiency ratings throughout his enlisted service.  

8.  Army Regulation 672-5-1 (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 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings with no convictions by a court-martial.

9.  He was appointed as a Reserve commissioned officer with concurrent call to active duty on 25 June 1963.  He served in a variety of stateside or overseas assignments and he attained the rank of major (MAJ).  
10.  He served in Vietnam:

* from 30 June to 4 April 1966, he was assigned to the U.S. Army Military Assistance Command - Vietnam (MACV)
* from 15 February to 27 August 1968, he was assigned to Company D, 58th Infantry, 93rd Military Police Battalion, 16th Military Police Group

11.  After completing a foreign service tour in Germany, he was honorably retired on 31 July 1976 and placed on the retired list in his retired grade of MAJ on         1 August 1976.  His DD Form 214 (Report of Separation from Active Duty) shows the:

* Good Conduct Medal
* Expert Infantryman Badge
* Armed Forces Expeditionary Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Army Commendation Medal (1st Oak Leaf Cluster)
* National Defense Service Medal with oak leaf cluster
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with "1960" Device
* Two overseas service bars
* Vietnamese Cross of Gallantry with Silver Star
* Meritorious Unit Commendation
* Armed Forces Reserve Medal
* Vietnamese Cross of Gallantry with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol bar (.45 Caliber)
* Meritorious Service Medal (1st Oak Leaf Cluster)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty as an enlisted Soldier from 30 July 1956 to 24 June 1963 with no break in service.  His record is void of any disciplinary action in the form of NJP, lost time, a record of court-martial, or any other derogatory information.  Additionally, Section 4 of his DA Form 24 shows he received “excellent” conduct and efficiency ratings throughout his enlisted service.  

2.  He appears to have met the criteria for two awards of the Army Good Conduct Medal.  However, not only was he issued a single award of the Army Good Conduct Medal, the orders for this award were published in November 1961, well into his second enlistment, and contained an incorrect period for service from 2 October 1958 to 1 October 1961.  

3.  He should be entitled to have the period of service in his first award amended to show the first 3 years of service.  He should also be entitled to a second award of the Army Good Conduct Medal for his second 3 years of service.  He should further be entitled to correction of his last DD Form 214 to show both awards.  

BOARD VOTE:

____x___  ____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending General Orders Number 23, issued by Headquarters, 2nd Missile Battalion, 562nd Artillery, Seattle, WA, on 1 November 1961 to show award of the Army Good Conduct Medal (1st Award) for service from 30 July 1956 through 29 July 1959; 

	b.  awarding him the Army Good Conduct Medal (2nd Award) for service from 30 July 1959 through 29 July 1962; and

	c.  deleting from his DD Form 214 ending on 31 July 1976 the Good Conduct Medal and adding the Army Good Conduct Medal (2nd award).



      _______ _   __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)                                         AR20120010280





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010280



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1