IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100006928
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 and the National Defense Service Medal and their addition to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he should have been awarded the Army Good Conduct Medal and the National Defense Service Medal and they should be shown on his DD Form 214. He served over three years and he was not awarded the Army Good Conduct Medal. This award is for his first 3 years of continuous enlistment of active Federal service. He was also not awarded the National Defense Service Medal. He believes he should have been awarded these medals.
3. The applicant provides a copy of his DD Form 214 and internet information on the Army Good Conduct Medal and the National Defense Service Medal.
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 military records show he enlisted in the Regular Army in the rank/grade of private (PV1)/grade E-1 on 24 October 1972, for 3 years. He completed training and he was awarded military occupational specialty 63F (Recovery Specialist). On 20 October 1975, he voluntarily extended his enlistment for a period of 2 months for attaining eligibility for reenlistment under educational criteria.
3. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 8 December 1975 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He was credited with completing 3 years, 1 month, and 15 days of net active service this period.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 is blank.
5. The evidence does not show he was disqualified by his unit commander for award of the Army Good Conduct Medal. There is no record of any disciplinary actions taken against the applicant. His enlisted efficiency reports show his conduct and efficiency ratings were either outstanding, excellent, or above average throughout his enlistment.
6. Headquarters, The School Brigade, U.S. Army Infantry School, Fort Benning, GA, Special Orders Number 63, dated 3 April 1973 awarded the applicant the Parachutist Badge.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
8. Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950
and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he appears to have met the criteria for award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal. There is no evidence of record which shows he was disqualified by his commander for this award. Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 24 October 1972 to
23 October 1975 and correction of his DD Form 214 to show this award.
2. The evidence of record also shows he completed a qualifying period of service for award of the National Defense Service Medal. Therefore, he is also entitled to the National Defense Service Medal and correction of his DD Form 214 to show this service medal.
3. Special orders awarded the applicant the Parachutist Badge. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
4. In view of the foregoing, his records should be corrected as recommended below.
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 Army Good Conduct Medal (first award) for the period 24 October 1972 to 23 October 1975; and
b. adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), National Defense Service Medal, and the Parachutist Badge.
___________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) AR20100006928
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ABCMR Record of Proceedings (cont) AR20100006928
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