IN THE CASE OF:
BOARD DATE: 30 APRIL 2009
DOCKET NUMBER: AR20090000396
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 correction of his records to show award of the National Defense Service Medal and the Army Good Conduct Medal. He further requests any awards or medals to which he is entitled.
2. The applicant states he did not realize the above awards were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 12 June 1965.
3. The applicant provides 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 the Regular Army on 13 June 1962 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 262.10 (Construction Machine Operator).
3. On 1 August 1962, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle). On 16 November 1964, he was promoted to the rank and pay grade of Specialist Five (SP5)/E-5.
4. The applicant was honorably released from active duty on 12 June 1965 after completing 3 years of creditable active with no lost time.
5. The applicant's DD Form 214 with the ending period 12 June 1965 shows he was awarded the Expert Marksmanship Qualification Badge (M-14 Rifle).
6. Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received all "Excellent" conduct and efficiency rating throughout his military service except for one "Good" conduct rating for the period 22 October 1962 through 11 December 1962.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all Excellent conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.
8. Army Regulation 672-5-1 provided that the National Defense Service Medal was 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. Evidence of records shows the applicant enlisted in the Regular Army on
13 June 1962 and was honorably released on 12 June 1965 after completing 3 years of creditable active service.
2. Army Regulation 672-5-1, in effect at the time, specifically stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed and that a Soldier's conduct and efficiency ratings must have been rated as "Excellent" for the entire period of qualifying service and there must have been no convictions by court-martial. Unfortunately, the applicant's records show that he received a "Good" conduct rating (i.e. other than "excellent") during the period 22 October 1962 through 11 December 1962 which makes him ineligible for award of the Army Good Conduct Medal.
3. The applicant is eligible for award of the National Defense Service Medal. His military records also show he was the awarded the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle) Therefore, his DD Form 214 should be amended to add these awards.
4. It appears that the applicant is not eligible for 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 amending his DD Form 214 to show award of the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle).
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 Army Good Conduct Medal.
_______ _ 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) AR20090000396
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