DOCKET NUMBER: AR20090001465
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 DD Form 214 (Report of Transfer or Discharge) to show award of the National Defense Service Medal and other awards.
2. The applicant states, in effect, that he served a qualifying period of service for award of the National Defense Service Medal.
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 he enlisted in the Regular Army for a period of 3 years on 27 July 1961. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 723.10 (Communications Center Specialist). He was honorably separated in the rank/grade of specialist four (SP4)/E-4 (Temporary) and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 24 July 1964.
3. The applicant's records also show he served in the Philippines from on or about 15 January 1962 to on or about 12 July 1963. He was assigned to the 9th U.S. Army Security Agency-Field Station 9410.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Badge (M-14).
5. Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.
6. Review of the applicant's records indicates his entitlements to additional awards which are not shown on his DD Form 214.
7. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. Furthermore, his records do not show any derogatory information throughout his military service.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. 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 are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the National Defense Service Medal.
2. The evidence of records shows the applicant entered active duty on 27 July 1961 and was honorably released on 24 July 1964. Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.
3. The evidence of record confirms that the applicant served honorably during the period 27 July 1961 through 24 July 1964. He attained the temporary rank of SP4/E-4, completed an overseas tour in the Philippines, and had all "excellent" conduct and efficiency ratings throughout his military service. Furthermore, his record is void of any derogatory information. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal. Therefore, he is entitled to correction of his records to show this 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:
a. awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 July 1961 through 24 July 1964;
b. awarding the applicant the National Defense Service Medal; and
c. adding award of the Good Conduct Medal (1st Award) and the National Defense Service Medal to the applicant's DD Form 214.
_______ _ _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) AR20090001465
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