IN THE CASE OF:	   

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120018277 


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 26 August 1966 to show the Army Good Conduct Medal
* Correction of his DA Form 24 (Service Record) covering the period 12 September 1963 to 11 September 1966 to show his correct Social Security Number (SSN)

2.  The applicant states the SSN on his DA Form 24 is probably a typographical error.  He adds that he was led to believe his chain of command awarded him the Army Good Conduct Medal.

3.  The applicant provides:

* DD Form 214 for the period ending 26 August 1966
* Front page of his 4-page DA Form 24 for the period 12 September 1963 to 11 September 1966

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 U.S. Army Reserve (USAR) on 4 September 1962.  Item 37 (Remarks) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his SSN as "xxx-x8-95x0."

3.  His record contains a DA Form 24 that was created upon his entry in the USAR on 4 September 1962.  This form also listed his SSN as "xxx-x8-95x0" in the Name and Service Number block.

4.  He entered active duty for training (ACDUTRA) on 8 October 1962.  He completed the required training and he was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  He was honorably released from ACDUTRA on 7 April 1963.  He completed 6 months of net active service this period.  Item 32 (Remarks) of the DD Form 214 he was issued at the time lists his SSN as "xxx-x8-95x0."

5.  He enlisted in the Regular Army on 12 September 1963 for a period of
3 years.  His DD Form 4 listed his Service Number; it did not list his SSN.

6.  His DA Form 24 covering the period 12 September 1963 to 11 September 1966, as well as his DA Form 20 (Enlisted Qualification Record) prepared on
12 September 1963, that were created upon his entry on active duty listed his SSN as "xxx-x4-62x9."

7.  He served in Germany from 25 February 1964 to on or about 23 August 1966. On 26 August 1966, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  The DD Form 214 he was issued at the time shows:

* he completed 2 years, 11 months, and 15 days of net active service this period
* his was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the National Defense Service Medal
* in item 32 the entry "SSAN:  xxx-x8-95x0"
8.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the first award of the Army Good Conduct Medal.  However, a review of his service record shows no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Additionally, Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings during his period of active service from 12 September 1963 through 26 August 1966..

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the applicant served honorably during the period 12 September 1963 through 26 August 1966.  He served in Germany, he attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his military service.  His record contains no information that would have disqualified him for the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 12 September 1963 through 26 August 1966 and to correct his DD Form 214 for the period ending 26 August 1966 to show this award.

2.  With respect to updating his DA Form 24 (which was replaced with the
DA Form 20) to show his correct SSN, the DA Form 24 and its replacement are now both obsolete forms.  These forms were locally-maintained forms with input from the unit while the member was in an active status in the Army.  These forms are no longer updated after the member's separation.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

3.  However, the applicant may use this Record of Proceedings to verify that the DA Form 24 does pertain to him.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1963 through 26 August 1966 and adding this award to his
DD Form 214 for the period ending 26 August 1966.

2.  The Board further determined that 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 updating his DA Form 24.



      _______ _   _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)                                         AR20120018277



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ABCMR Record of Proceedings (cont)                                         AR20120018277



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