IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100023326
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 (AGCM).
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be corrected by adding the AGCM. He claims he did not receive this award and he should have.
3. The applicant provides his DD Form 214 and Honorable Discharge Certificate.
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
30 November 1961. He was trained in, awarded, and served in military occupational specialty (MOS) 111.00 (Light Weapons Infantryman). He was advanced to the rank/grade of private first class (PFC)/E-3 on 16 August 1962, which is the highest rank/grade he held while serving on active duty.
3. Section 4 (Chronological Record of Military Service) of the applicants DA Form 24 (Service Record) shows he received excellent conduct and efficiency ratings throughout his service. His record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.
4. On 27 November 1963, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his military service obligation. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. The record shows the applicant continued to serve in the USAR until being honorably discharged on 31 October 1967 in the rank/grade of specialist four (SP4)/E-4.
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 and there must have been no convictions by a court-martial.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Armys awards policy. Paragraph 2-10 contains guidance on the National Defense Service Medal. It states it is authorized for any period of active duty service during the following periods:
* 27 June 1950 through 27 July 1954
* 1 January 1961 through 14 August 1974
* 2 August 1990 through 30 November 1995
* 11 September 2001 to a date to be determined
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the Army Good Conduct Medal has been carefully considered and found to have merit. The evidence of record confirms the applicant received excellent conduct and efficiency ratings throughout his service with no record of any derogatory information or a unit commander's disqualification that would have precluded this award. As a result, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 30 November 1961 through
27 November 1963 and to correct his DD Form 214 to show this award.
2. The applicant served a qualifying period of honorable service for entitlement to the NDSM. Therefore, his DD Form 214 should be corrected 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 Army Good Conduct Medal (1st Award) for the period
30 November 1961 through 27 November 1963; and
b. adding to item 26 of his DD Form 214 the Army Good Conduct Medal
(1st Award) and the National Defense Service Medal.
_________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) AR20100023326
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ABCMR Record of Proceedings (cont) AR20100023326
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