IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100023833
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 he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that he was never disciplined for any misconduct during the 3 years he served and he did not think it important at the time; however, it has become important to him as time has passed that he receive all awards to which he is entitled.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army in New Haven, Connecticut under the Buddy Basic Training Plan on 11 June 1962 for a period of 3 years under the airborne training option.
3. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as an infantryman at Fort Gordon, Georgia before being transferred to Fort Benning, Georgia to undergo airborne training.
4. He failed to complete his airborne training and was transferred to Germany on 3 December 1962. His records show that he was assigned to the 28th Ordnance Company and the 545th Ordnance Company and he was advanced to the pay grade of E-4 on 28 July 1964.
5. His records show that he received excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.
6. On 3 June 1965 he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years, 11 months and 23 days of total active service and was awarded the Driver and Mechanic badge with W bar.
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 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. Although there is no automatic entitlement to award of the AGCM, there is a requirement that the commander note any disqualifications and that the disqualification must be made a matter of record.
2. Inasmuch as the applicant had excellent conduct and efficiency ratings throughout his service and there is no evidence of any derogatory information contained in his records, it must be presumed that the failure to award him the AGCM was the result of an administrative oversight.
3. Accordingly, it would be in the interest of justice to award him the AGCM at this time for the period of 11 June 1962 to 3 June 1965.
4. Additionally, the applicant served during a qualifying period for award of the National Defense Service Medal (NDSM). Accordingly, he should be awarded the NDSM at this time.
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:
* awarding him the AGCM for the period of 11 June 1962 to 3 June 1965 and adding it to his records
* adding the NDSM to his records
_____________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) AR20100023833
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ABCMR Record of Proceedings (cont) AR20100023833
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