RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 February 2007
DOCKET NUMBER: AR20060008117
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
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Edward E. Montgomery
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 he be awarded the Good Conduct Medal and the National Defense Service Medal.
2. The applicant states, in effect, that at the time of his separation the Good Conduct Medal and the National Defense Service Medal were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214, dated 19 November 1962, and his Honorable Discharge Certificate, dated 31 October 1965, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 19 November 1962, the date of his release from active duty. The application submitted in this case is dated 29 May 2006.
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 limitations 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 applicants failure to timely file.
3. The applicant's military records show he entered into the U.S. Army on 20 November 1959 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty MOS 626.10 (Construction Machine Operator).
4. The applicant's service record shows he served overseas in France during the period 17 October 1961 through 9 September 1962.
5. The applicant's DD Form 214 shows he was honorably released from Active Federal Service on 19 November 1962 and was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. The applicant's DD Form 214 shows he had completed a total of 3 years of creditable active military service with no time lost and that the highest rank he attained while serving on active duty was specialist five/pay grade E-5.
6. There are no orders in the available service record that show the applicant was awarded the Good Conduct Medal or the National Defense Service Medal.
Further there is no evidence that the applicant was disqualified for award of the Army Good Conduct Medal (First Award).
7. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that all of his recorded conduct and efficiency ratings were excellent throughout his tour of service.
8. Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 does not show award of the Good Conduct Medal or the National Defense Service Medal.
9. Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified.
10. Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Good Conduct Medal and the National Defense Service Medal.
2. There is no evidence the applicant received the first award of the Good Conduct Medal. The applicant's records show no acts of indiscipline and he distinguished himself by his conduct and efficiency ratings of "excellent". There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. Therefore, the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.
3. Evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal. Therefore, the applicant is entitled to have his record corrected to show this award.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 November 1962; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
18 November 1965. Although the applicant did not file within the 3-year statute of limitations, it would be appropriate to waive failure to timely file based on the relief being granted in this case.
BOARD VOTE:
_JEA____ _JLP___ __EEM___ GRANT FULL 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 full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Good Conduct Medal and the National Defense Service Medal.
_James E. Anderholm___
CHAIRPERSON
INDEX
CASE ID
AR20060008117
SUFFIX
RECON
DATE BOARDED
20070206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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