IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080008261
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 that his records be corrected to show the awards of the National Defense Service Medal and Army Good Conduct Medal because they were never listed on his separation document (DD Form 214).
2. The applicant states that he earned the medals and they should have been listed on his DD Form 214 when he was discharged.
3. The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center, dated 18 April 2008.
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 applicant's military personnel record shows he was inducted into the Army of the United States on 13 March 1964. He completed the necessary training and was awarded the military occupational specialty (MOS) 76P (Materiel Control and Accounting Specialist).
3. He served with Headquarters Company, USAAMAC (U.S. Army Aviation Maintenance Center) in Germany during the period from 15 August 1964 to
20 February 1966.
4. He was honorably released from active duty by reason of Early Release Overseas Returnee Program and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, Missouri, on 7 March 1966. He completed 1 year, 11 months, and 25 days of Total Active Service.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the award of the Expert Marksmanship Qualification Badge with Rifle Bar (M14). However, it does not show the National Defense Service Medal and Army Good Conduct Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records shows he was awarded the Army Good Conduct Medal first award by Headquarters, USAAMAC, General Order Number 5 dated 31 January 1965.
7. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.
8. Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, and 1 January 1961 through 14 August 1974, inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should show he was awarded the National Defense Service Medal and the Army Good Conduct Medal because he earned the medals.
2. The evidence shows that the applicant met the eligibility criteria and is authorized the award of the National Defense Service Medal for his honorable active service for the period between 13 March 1964 to 7 March 1966, inclusive. Therefore, he is entitled to correction of his records to show the award of the National Defense Service Medal.
3. The evidence shows that the applicant was awarded the Army Good Conduct Medal (First Award) by Headquarter, USAAMAC, General Order Number 5, dated 31 January 1965. Therefore, he is entitled to correction of his records to show the Army Good Conduct Medal (First Award).
BOARD VOTE:
___X____ ___X____ ___X___ 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 showing award of the National Defense Service Medal and Army Good Conduct Medal (First Award) for the period 13 March 1964 to 7 March 1966.
__________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) AR20080008261
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