IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000820
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 Army Good Conduct Medal.
2. The applicant states that served honorably. He was never court-martialed or punished during his active duty or Reserve service.
3. The applicant provided, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 256A (Honorable Discharge Certificate).
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. On 2 October 1961, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 111.00 (Light Weapons Infantryman).
3. On 27 February 1962, the applicant departed the United States for duty in the Federal Republic of Germany.
4. On 9 March 1962, the applicant was assigned for duty with D Company, 1st Brigade, 15th Infantry Regiment.
5. On 14 June 1962, the applicant was advanced to private first class (PFC) (temporary), pay grade E-3. On 1 July 1962, his advancement to PFC was made permanent.
6. On 15 July 1963, the applicant was reassigned for duty with C Company, 2nd Battalion, 54th Infantry Regiment. He remained with this unit until his departure on 11 September 1963 to return to the United States.
7. On 2 October 1963, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had completed 2 years and 8 days of creditable active duty service.
8. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists no awards.
9. The applicant's DA Form 24 (Service Record) shows in:
a. in Section 4 (Chronological Record of Military Service) that his conduct and efficiency ratings were exclusively "excellent";
b. in Section 9 (Medals, Decorations, and Citations) that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Machinegun Bar.
10. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.
11. 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 applicant contends that his military service was of sufficient quality to justify award of the Army Good Conduct Medal.
2. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings and honorable discharge. There is no evidence of any disciplinary action. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
3. Records show that the applicant served during a qualifying period for award of the National Defense Service Medal. Therefore, his records should be corrected to show this award.
4. Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore his records should be corrected to show this badge.
5. Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar. Therefore his records should be corrected to show this badge.
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 him the Army Good Conduct Medal for the period 2 October 1961 to 9 October 1963; and
b. adding the National Defense Service Medal, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar to his 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) AR20100000820
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ABCMR Record of Proceedings (cont) AR20100000820
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