RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 September 2007
DOCKET NUMBER: AR20070004760
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. James Vick
Chairperson
Mr. Ronald Gant
Member
Mr. Rowland Heflin
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show that he was awarded the National Defense Service Medal and the Good Conduct Medal.
2. The applicant states, in effect, the exiting clerk did not add the National Defense Service Medal or the Good Conduct Medal to his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows that he enlisted in the Regular Army on 20 December 1974. He completed his basic combat training at Fort Polk, Louisiana, and his advanced individual training at Fort Gordon, Georgia. After completing all required training, he was awarded the military occupational specialty (MOS), 72E, Telecommunications Specialist.
3. The applicant was promoted to Specialist Four (SP4)/E-4 effective 1 July 1976. He continued to serve until he was honorably discharged from the service, under the provisions of Army Regulation 635-40, paragraph 4-19e(3), for physical disability, with severance pay, EPTS (existed prior to service).
4. The applicants DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16). His DD Form 214 does not show any additional awards.
5. There is no evidence of derogatory information contained in the available records. There is no evidence the applicant was subjected to non-judicial punishment or courts-martial. There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning military awards. It states, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2 August 1990 to 30 November 1995.
7. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.
2. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 20 December 1974 to 6 May 1977 ending with termination of a period of Federal military service.
BOARD VOTE:
__RCH__ ___JEV _ __RG____ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the National Defense Service Medal and the Good Conduct Medal, for the period 20 December 1974 to 6 May 1977, and adding these awards to his DD Form 214.
____ James E. Vick__________
CHAIRPERSON
INDEX
CASE ID
AR20070004760
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070919
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19770506
DISCHARGE AUTHORITY
AR 635-40, PARA 4-19E(3)
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
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3.
4.
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6.
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