IN THE CASE OF:
BOARD DATE: 21 AUGUST 2008
DOCKET NUMBER: AR20080010608
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 he be awarded the National Defense Service Medal (NDSM) and the Good Conduct Medal (GCMDL).
2. The applicant states, in effect, that he believes he qualifies for award of the NDSM and the GCMDL for his honorable service during the period of
12 September 1962 to 10 September 1965.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in Philadelphia, Pennsylvania on 12 September 1962 for a period of 3 years and assignment in the Army security Agency (ASA). He completed his basic training at Fort Dix, New Jersey and his advanced individual training (AIT) at Fort Devens, Massachusetts.
3. Upon completion of his AIT he was transferred to Kagnew Station, Asmara, Ethiopia on 8 September 1963 for duty as a morse code interceptor. He was advanced to the pay grade of E-3 on 7 October 1963.
4. He departed Ethiopia on emergency leave on 26 February 1964 and was subsequently reassigned to Fort Dix for duty as a clerk typist in a training company. He was advanced to the pay grade of E-4 on 15 July 1965.
5. The applicants Installation Clearance Record shows that the commander rated the applicants conduct and efficiency as being Excellent. There is no indication that the commander took any action to deny the applicant the award of the GCMDL prior to his release from active duty (REFRAD). Additionally, all of the applicants conduct and efficiency ratings were rated as Excellent.
6. On 10 September 1965, the applicant was honorably REFRAD at Fort Dix due to the expiration of his term of service (ETS). He had served 2 years, 11 months, and 29 days of total active service. His DD Form 214 issued at the time of his REFRAD shows that he received no decorations, awards, or badges.
7. A review of his records show that he was awarded the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar upon completion of his basic training at Fort Dix.
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.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period in which the NDSM was authorized and therefore he is entitled to be awarded the NDSM for his service.
2. After carefully examining the applicants record of service, it appears that the applicant should have received the GCMDL for his service from 12 September 1962 through 10 September 1965. This conclusion is based on the fact that the record shows that he had excellent conduct and efficiency ratings throughout his service and is void of any specific action by the applicants unit commander to disqualify him from receiving the award.
3. Additionally, the applicant was awarded the Marksman Marksmanship Badge with M-1 Rifle Bar, which was omitted from his DD Form 214 at the time of his REFRAD. Accordingly, it should be added at this time.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 him the GCMDL for the period of 12 September 1962 through 10 September 1965, while serving in the rank of SP4; by awarding him the NDSM; and by adding his award of the Marksman Marksmanship Badge with M-1 Rifle Bar to his records.
___ XXX ___
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) AR20080010608
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