BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100018511
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 his records be corrected to include award of the National Defense Service Medal, Army of Occupation Medal with Germany Clasp, and Army Good Conduct Medal.
2. The applicant states these medals were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 20 September 1963, completed training, and was awarded military occupational specialty 13B (Light and Medium Field Artillery Crewman).
3. The applicant qualified as an Expert marksman with the M-1 rifle and as a sharpshooter with the M-14 rifle. He was awarded the respective badges. These badges are reflected on his DA Form 20 (Enlisted Qualification Record).
4. Following completion of training he was assigned for duty in Zirndorf, Germany with Battery C, 5th Battalion, 22d Artillery, 4th Armored Division from 3 February 1964 through 18 March 1966.
5. On 12 April 1965, he was advanced to corporal/E-4.
6. The applicant was honorably released from active duty on 19 September 1966. His DD Form 214 does not list any awards or decorations.
7. His DA Form 20 reports his conduct and efficiency ratings as "excellent."
8. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was not considered eligible for award of the Army Good Conduct Medal.
9. Army Regulation 600-8-22 (Military Awards) provides the following:
a. 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. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "good" academic rating in a service school was not disqualifying. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20.
b. The Army of Occupation Medal with Germany Clasp was awarded for service between 9 May 1945 and 5 May 1955.
c. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, between 2 August 1990 and 30 November 1995, and between 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve in Germany during the period for which the Army of Occupation Medal with Germany Clasp was authorized.
2. The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his conduct and efficiency ratings and his advancement to E-4. The record contains no indication of any disqualifying incidents or recommendations. It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 20 September 1963 through 19 September 1966.
3. The applicant served during a period for which the National Defense Service Medal was authorized. The applicant is not shown to have been awarded this medal and it is appropriate to correct this error.
4. The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not show either of these awards and it is appropriate to correct this error.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x_ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
a. awarding the applicant the Army Good Conduct Medal for the period 20 September 1963 through 19 September 1966 and
b. adding the following awards to his DD Form 214: Army Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
2. The Board further determined 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 Army of Occupation Medal with Germany Clasp.
___________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) AR20100018511
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ABCMR Record of Proceedings (cont) AR20100018511
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