IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017371
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 award of the Good Conduct Medal, the National Defense Service Medal, and all other awards and decorations he earned.
2. The applicant states the requested awards were omitted.
3. The applicant did not provide any additional documentary evidence 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 applicant's records show that he enlisted in the Regular Army for a period of 2 years on 26 September 1974. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator). The highest rank/grade he attained during his military service was private first class (PFC)/E-3. He was honorably separated on 1 October 1976 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. The applicants records further show that he served in Germany from 21 January 1975 to 15 September 1976. He was assigned to the 92nd Transportation Company.
4. Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from Active Duty) shows the entry NA.
5. Section 9 (Medals, Decorations, and Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record) contains a blank entry.
6. The applicants records do not contain orders awarding him the Good Conduct Medal. Furthermore, his records do not show any derogatory information on file that would have disqualified him from being awarded the Good Conduct Medal
7. Army Regulation 672-5-1 (Military Awards), 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. 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 600-8-22 (Military Awards) 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 evidence of record confirms that the applicant served honorably during the period 26 September 1974 to 1 October 1976, attained the rank/grade of PFC/E-3, and completed an overseas tour in Germany. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.
2. The evidence of record shows that the applicant served on active duty from 26 September 1974 to 1 October 1976. The National Defense Service Medal was not authorized during the applicants period of service. There is no evidence in his records that he served any other period of active duty that would have qualified him for this award.
3. There is no evidence in the applicant's records and the applicant did not provide any evidence that he was awarded any other awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 September 1974 through 1 October 1976 and adding the Good Conduct Medal (1st Award) to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the National Defense Service Medal or any other awards.
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.
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