IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023263
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and to show his correct social security number.
2. He states he never received his Army Good Conduct Medal. He believes he earned this medal and it is verified by the letters he provided. He also states his social security number was incorrect.
3. Although the applicant indicates he provided letters for consideration, there was no additional evidence included with his application.
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's service record contains a DD Form 215 (Correction to the DD Form 214), dated 21 September 1991, that corrected item 32 (Remarks) of his DD Form 214 to show his social security number as "XXX-50-XXXX" instead of "XXX-49-XXXX." He will be provided a copy of this document. Therefore, his request for correction of his social security number will not be discussed further in this Record of Proceedings.
3. He enlisted in the Regular Army on 11 September 1962.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 33 (Appointments and Reductions) promoted to specialist four (SP4)/E-4 effective 30 July 1965
* item 38 (Record of Assignments) "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14); no listing for the Army Good Conduct Medal
5. He was released from active duty on 1 June 1966 in the rank of SP4. He completed 3 years, 8 months, and 21 days of active military service with no time lost. His service record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.
6. His DD Form 214 shows award of the "Sharpshooter (Rifle_."
7. Army Regulation 600-8-22 (Military Awards) states 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 states 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record is void of evidence which shows he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 11 September 1962 through 10 September 1965. He did not receive any disciplinary action and was promoted to SP4 during this period of service.
2. Therefore, he met the requirements for the first award of the Army Good Conduct Medal for the period 11 September 1962 through 10 September 1965.
3. Item 41 of his DA Form 20 shows special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14). Therefore, he is entitled to correction of his DD Form 214 to properly show this badge.
4. He served a period of qualifying service for award of the National Defense Service Medal; therefore, this award should be added to his DD Form 214.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 (1st Award) for the period 11 September 1962 through 10 September 1965;
b. deleting the entry "Sharpshooter (Rifle_" from his DD Form 214; and
c. adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14) 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) AR20100023263
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023263
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100029730
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Vietnam Service Medal * National Defense Service Medal * a Vietnamese award * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 2. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. ...
ARMY | BCMR | CY2011 | 20110009202
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1), to correct his weight shown on this form, and to show he attended the Intercept Equipment Repairman course at Fort Meade, MD, from November...
ARMY | BCMR | CY2010 | 20100019693
Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows that based on the applicant's dates of service in Vietnam, participation credit was awarded for the Vietnam Defense Campaign during the period 8 March 1965 through 24 December 1965. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080010608
He completed his basic training at Fort Dix, New Jersey and his advanced individual training (AIT) at Fort Devens, Massachusetts. Army Regulation 600-8-22 (Military Awards) provides that the 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding...
ARMY | BCMR | CY2010 | 20100018119
Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records. The evidence of record shows the applicant qualified for award of the National Defense Service Medal. 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 exemplary conduct, efficiency, and fidelity from 21...
ARMY | BCMR | CY2013 | 20130005778
Application for correction of military records (with supporting documents provided, if any). The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The available evidence also substantiates the applicant's contentions that the SSN shown in item 32 on his DD Form 214 is not accurate.
ARMY | BCMR | CY2009 | 20090002765
The applicant requests that items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show sergeant (SGT)/E-5 and that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Army Good Conduct Medal, a Certificate of Appreciation, a Certificate of Commendation, the Marksmanship Qualification Badge with M-79 Grenade Launcher Bar, and the Marksmanship...
ARMY | BCMR | CY2010 | 20100018600
The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...
ARMY | BCMR | CY2014 | 20140018879
His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart (1st Oak Leaf Cluster) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal 7. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD form...
ARMY | BCMR | CY2009 | 20090005724
The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart and that it shows a SSN that contains the number "4" instead of the number "6" in the fifth digit of his SSN. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and b....