RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 January 2005
DOCKET NUMBER: AR2004106957
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred N. Eichorn | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Yolanda Maldonado | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be amended to add the Army Good
Conduct Medal, the Korea Defense Service Medal, and the Expert Marksmanship
Qualification Badge M-60 machinegun.
2. The applicant states that his DD Form 214 does not list all his awards.
3. The applicant's request for award of the Korea Defense Service Medal
has been addressed by separate correspondence and will not be discussed
further in this Record of Proceedings.
4. The applicant provides a DA Form 1577 (Authorization for Issuance of
Awards) dated 18 December 1975; a 9 February 2004 message from
Headquarters, U. S. Army Human Resources Command, subject: Korea Defense
Service Medal (KDSM) – Implementing Instructions; Special Orders dated 20
March 1970; and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on 7 November 1971. The application submitted in this case is dated 3
April 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was inducted into the Army on 13 November 1969.
4. Headquarters, U. S. Army Training Center, Infantry and Fort Polk
Special Orders 077 dated 20 March 1970 awarded the applicant the Expert
Marksmanship Qualification Badge for the M-60 machinegun.
5. The applicant was honorably released from active duty on 7 November
1971 after completing 1 year, 11 months, and 25 days of creditable active
service with
no lost time. His DD Form 214 does not show he was awarded the Army Good
Conduct Medal or the Expert Marksmanship Qualification Badge for the M-60
machine gun (with machinegun bar). His DA Form 20 (Enlisted Qualification
Record) shows he received excellent conduct and efficiency ratings
throughout his service and he has no record of any disciplinary actions
taken against him.
6. Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations. It stated that 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 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. At the time, a soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Expert
Marksmanship Qualification Badge for the M-60 machinegun. The Expert
Marksmanship Qualification Badge with machinegun bar should be added to his
DD Form 214.
2. It appears the applicant met the eligibility requirements for award of
the Army Good Conduct Medal.
BOARD VOTE:
__fne___ __rtd___ _ym_____ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. 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 for the period 13
November 1969 through 7 November 1971; and
b. adding the Army Good Conduct Medal and the Expert Marksmanship
Qualification Badge with machinegun bar to his DD Form 214.
___Fred N. Eichorn____
CHAIRPERSON
INDEX
|CASE ID |AR2004106957 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050106 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |107.0056 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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