IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021102 


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 (Report of Separation from the Armed Forces of the United States) to show he had active service prior to 26 April 1951 and that he was awarded the Army Good Conduct Medal (AGCM).

2.  The applicant states item 19 (Date and Place of Entry into Active Service) of his DD Form 214 originally indicated that he entered active duty on 15 May 1951.  On 28 October 1954, a DD Form 215 (Correction to DD Form 214) was issued and the entry was corrected to show he entered active duty on 9 April 1951.  His creditable service was also corrected at that time.

   a.  He recently noticed that item 32b (Active Service Prior to 26 April 1951) should also have been corrected when the corrections were made.

   b.  He states that he believes his active duty enlisted service qualifies him for award of the AGCM; however, he did not receive the award.

3.  The applicant provides copies of his DD Form 214 and DD Form 215.
  
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 National Guard of the United States (NGUS) and Florida Army National Guard (FLARNG) on 10 May 1948.

3.  His DD Form 214, as corrected by a DD Form 215 dated 28 October 1954, shows he was called from inactive duty in the NGUS.

   a.  It also shows in:

* item 19:  9 April 1951, Jacksonville, Florida
* item 32b:  "X" in the "NO" box
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Army of Occupation Medal with Germany Clasp

   b.  It further shows he was promoted to master sergeant (MSG) on 9 April 1951 and that his most significant assignment was Headquarters and Headquarters Company, 102nd Quartermaster (Germany).

   c.  He was honorably released from active duty on 15 December 1952 and reverted to FLARNG control.  He had completed:

* 1 year, 8 months, and 7 days net service for pay purposes this period
* 2 years, 10 months, and 29 days other service for pay purposes
* 4 years, 7 months, and 6 days total net service for pay purposes
* 6 months and 19 days foreign service

4.  A review of the applicant's available military service records for the period of service under review failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

5.  On 27 June 1990, the applicant was honorably discharged from the Army National Guard, in the rank of sergeant first class, and transferred to the U.S. Army Reserve Control Group (Retired).
6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year of continuous enlisted active Federal military service qualifies for award.

	b.  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.

7.  Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  It shows for:

* item 32b, self-explanatory
* item 27, enter decorations or citations received during the period covered by the DD Form 214.  Authorities for service medals need not be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he had active service prior to 26 April 1951 and award of the AGCM.

2.  The evidence of record shows the applicant's DD Form 214 was corrected to show he entered into active service on 9 April 1951.  However, when his
DD Form 214 was corrected, due to an administrative oversight a corresponding correction to item 32b of his DD Form 214 was not made.  Thus, it would be appropriate to correct item 32b of his DD Form 214 at this time.

3.  The applicant served a period of continuous, honorable active duty enlisted service from 9 April 1951 through 15 December 1952.

   a.  He was promoted to MSG upon being ordered to active duty.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.
   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 9 April 1951 through 
15 December 1952.

4.  The evidence of record shows the applicant qualified for award of the National Defense Service Medal.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 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 
9 April 1951 through 15 December 1952  (Standard Name Line:  MSG  Headquarters and Headquarters Company, 102nd Quartermaster Battalion);

	b.  adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal

   c.  correcting item 32b of his DD Form 214 by deleting the "X" in the "NO" box and adding an "X" in the "YES" box.


2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States is deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _____________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)                                         AR20130021102



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021102



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1