IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019837
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, in effect, award of the Army Good Conduct Medal (AGCM) and any other decorations he earned during his Army service.
2. The applicant states he did not receive any medals or decorations for his service from April 1964 to April 1966.
3. The applicant provides copies of his Honorable Discharge Certificate and his honorable discharge from the U.S. Army Reserve (USAR).
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 24 April 1964. Upon completion of initial entry training, he was awarded military occupational specialty 72B (Communications Center Specialist). He was honorably released from active duty on 20 April 1966 and transferred to the USAR to complete his military service obligation. He served 1 year, 11 months, and 27 days of active military service.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry "NONE" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
4. Special Orders Number 31, issued by Headquarters, 106th Signal Group, on 17 February 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. A DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings, with the exception of one period in which he did not receive an "excellent" rating for conduct and no rating for efficiency
* item 41 (Awards and Decorations) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. The record is void of documentation showing he was subject to disciplinary action during his Army service.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. The evidence supports the applicant's request for award of the AGCM and other decorations for his military service.
2. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. He is entitled to correction of his record to show this award.
3. He served honorably during the period 24 April 1964 through 20 April 1966 and received all "excellent" conduct and efficiency ratings, with one unrated period for efficiency. He was not the subject of any disciplinary actions during his military service. It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service. He is entitled to correction of his record to show this award.
4. He served honorably during a period of eligibility for the NDSM. He is entitled to correction of his record 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 him the AGCM (1st Award) for his service from 24 April 1964 through 20 April 1966;
b. deleting the entry "NONE" from item 26 of his DD Form 214; and
c. adding the AGCM (1st Award), NDSM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to item 26 of 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) AR20100019837
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