BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100012037
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 he was never written up nor did he ever receive any Article 15. He states he served honorably.
3. The applicant provides a letter from the National Personnel Records Center (NPRC), dated 28 August 2009.
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 was inducted into the Army of the United States on 3 April 1962. He completed training as a low speed radio operator.
3. Special Orders Number 110, published by Headquarters, 2nd Training Brigade, Fort Dix, NJ, dated 11 May 1962 awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-1 rifle.
4. He arrived in Korea on 17 September 1962 and he was assigned to Company C, 8th Engineer Battalion.
5. The applicant was honorably released from active duty on 2 April 1964 by reason of expiration of his term of service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."
6. On 26 August 2009, the U.S. Army Adjutant General issued him a DD Form 215 (Correction to DD Form 214) amending item 26 of his DD Form 214 to delete the word "None" and to add the:
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar [M-14]
7. A review of the applicant's records show that he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence in his records of any court-martial convictions, adverse actions, or statements that would justify his disqualification for the first award of the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have received the Army Good Conduct Medal since he received no Article 15 and he served honorably.
2. Evidence shows he received "excellent" conduct and efficiency ratings throughout his service, with no adverse actions or a commander's disqualification. Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.
3. Orders show he qualified as a marksman with the M-1 rifle. Therefore, he is entitled to correction of his DD Form 214 to show this weapon qualification.
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 3 April 1962 through 2 April 1964; and
b. adding to item 26 of his DD Form 214 the:
* Army Good Conduct Medal (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
_________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) AR20100012037
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ABCMR Record of Proceedings (cont) AR20100012037
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