IN THE CASE OF:
BOARD DATE: 28 April 2009
DOCKET NUMBER: AR20090000743
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 Army Good Conduct Medal (AGCM), Cold War Service Medal, and the National Defense Service Medal (NDSM).
2. The applicant states that his unit disbanded when he became eligible for the AGCM. He adds that he has recently heard about the Cold War Service Medal.
3. The applicant provides his application for the Cold War Recognition Certificate and two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. Award of the Cold War Recognition Certificate is not governed by the provisions of Army regulation 600-8-22 and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as
2 September 1945 to 26 December 1991. The applicant has already completed his application for this certificate. He should mail that application to the address indicated on the form. As such, this issue is not discussed further in these Proceedings.
3. The applicants military records could not be located and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973. The information contained herein was derived from the two DD Forms 214 submitted by the applicant.
4. The applicant was inducted on 5 April 1960, promoted to pay grade E-3 on
19 December 1960, and was discharged on 6 January 1961 for the purpose of immediate reenlistment. He subsequently reenlisted on 7 January 1961 for a period of 3 years.
5. The applicant served as a power generation specialist and was promoted to pay grade E-4 on 14 December 1961. He was honorably released from active duty on 16 December 1963 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Forms 214 do not show award of the AGCM or the NDSM.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM 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 1955, and 11 September 2001 to a date to be determined.
8. Army Regulation 600-8-22 also provides that the AGCM 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than "excellent" was disqualifying. Although there is no automatic entitlement to the GCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period qualifying service for award of the NDSM. Therefore, his records should be corrected to show this award.
2. The applicants military records are not available for the Board to review and the applicants conduct and efficiency ratings are not a matter of record. As such, there is insufficient evidence in which to make a determination that he was or was not eligible for award of the AGCM. Therefore, there is no basis for granting the applicant's requested relief on this issue.
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 adding to item 26 of the applicant's DD Form 214 for the period ending
16 December 1963 the NDSM.
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 AGCM.
_______ _ 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) AR20090000743
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000743
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021960
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his specialty number as 464.17 Parachute Rigger, his completion of the Basic Airborne Course in 1962, and awards of the Parachutist Badge, Marksmanship badges, National Defense Service Medal, Cold War Victory Medal, Army Service Ribbon, Overseas Service Ribbon, Honorable Service Medal and National Guard and Reserve Medals. The applicant states that his DD...
ARMY | BCMR | CY2014 | 20140006078
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the: * Cold War Commemorative Medal * National Defense Service Medal (NDSM) * Army Achievement Medal (AAM) * Army Good Conduct Medal (AGCM) 2. There is no evidence in his record of a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the AGCM. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050004699C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 NOVEMBER 2005 DOCKET NUMBER: AR20050004699 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. 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...
ARMY | BCMR | CY2013 | 20130007117
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards and issuance of those awards. The applicant states, in effect, he did not receive all of his awards due to apathy on the part of his chain of command at the time and he believes he is entitled to award of the Armed Forces Service Medal (AFSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), OSR Commemorative...
ARMY | BCMR | CY2012 | 20120022248
Given this administrative remedy is available, the portion of the applicant's request pertaining to the Cold War Recognition Certificate will not be further discussed. It is awarded each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; or for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more...
ARMY | BCMR | CY2012 | 20120022798
Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, his records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 17 October 1960 through 16 October 1963; b. adding the AGCM, NDSM, RVN Campaign Medal with Device (1960)...
ARMY | BCMR | CY2014 | 20140014318
The applicant requests that the awards of the Armed Forces Expeditionary Medal (AFEM) and the Vietnam Service Medal (VSM) be added to his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge). The applicant served during a qualifying period for award of the NDSM and that award should be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the AGCM (1st...
ARMY | BCMR | CY2013 | 20130012129
Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 20 July 1961 through 3 July 1962. According to Table 2-2, Soldiers assigned to Berlin during the period 14 August 1961 through 1 June 1963 qualified for award of the AFEM. His record does not show he was stationed in Berlin; therefore, barring evidence to the contrary, there is an insufficient basis to award him either the AOM or AFEM.
ARMY | BCMR | CY2011 | 20110016625
A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214. The evidence of record shows he completed a qualifying period of service for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award. Awarding him the Army Good Conduct Medal (1st Award) for the period 18 March 1960 and 17 March 1963; b. Amending item 24 of his DD Form 214 to add the: * Army Good Conduct Medal (1st Award) *...
ARMY | BCMR | CY2014 | 20140009764
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Cold War Recognition Certificate * any other awards and/or decorations he may have earned while on active duty 2. Records show the applicant has qualifying service for the award of the National Defense Service Medal, the Vietnam...