IN THE CASE OF: BOARD DATE: 24 March 2011 DOCKET NUMBER: AR20100023263 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) to show award of the Army Good Conduct Medal and to show his correct social security number. 2. He states he never received his Army Good Conduct Medal. He believes he earned this medal and it is verified by the letters he provided. He also states his social security number was incorrect. 3. Although the applicant indicates he provided letters for consideration, there was no additional evidence included with his application. 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 service record contains a DD Form 215 (Correction to the DD Form 214), dated 21 September 1991, that corrected item 32 (Remarks) of his DD Form 214 to show his social security number as "XXX-50-XXXX" instead of "XXX-49-XXXX." He will be provided a copy of this document. Therefore, his request for correction of his social security number will not be discussed further in this Record of Proceedings. 3. He enlisted in the Regular Army on 11 September 1962. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 33 (Appointments and Reductions) – promoted to specialist four (SP4)/E-4 effective 30 July 1965 * item 38 (Record of Assignments) – "excellent" conduct and efficiency ratings * item 41 (Awards and Decorations) – Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14); no listing for the Army Good Conduct Medal 5. He was released from active duty on 1 June 1966 in the rank of SP4. He completed 3 years, 8 months, and 21 days of active military service with no time lost. His service record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal. 6. His DD Form 214 shows award of the "Sharpshooter (Rifle_." 7. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 8. Army Regulation 600-8-22 states 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant's service record is void of evidence which shows he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 11 September 1962 through 10 September 1965. He did not receive any disciplinary action and was promoted to SP4 during this period of service. 2. Therefore, he met the requirements for the first award of the Army Good Conduct Medal for the period 11 September 1962 through 10 September 1965. 3. Item 41 of his DA Form 20 shows special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14). Therefore, he is entitled to correction of his DD Form 214 to properly show this badge. 4. He served a period of qualifying service for award of the National Defense Service Medal; therefore, this award should be added to his DD Form 214. 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. awarding him the Army Good Conduct Medal (1st Award) for the period 11 September 1962 through 10 September 1965; b. deleting the entry "Sharpshooter (Rifle_" from his DD Form 214; and c. adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14) to his DD Form 214. _____________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) AR20100023263 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023263 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1