IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100024437
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, 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 (AGCM) and the National Defense Service Medal (NDSM).
2. He states he left Germany enroute to the United States and was told he would be issued the AGCM. However, he maintains he never received the award.
3. He provides his DD Form 214 and internet articles on the authorization of the AGCM and the NDSM.
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's military records show he was inducted into the Army of the United States on 3 March 1964. He served in Germany from 21 July 1964 to
11 February 1966. He was honorably released from active duty on 22 February 1966.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows Special Orders 71, dated 21 April 1964, and Special Orders 67, dated 16 October 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), respectively.
5. His records show no record of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no record of courts-martial or any other type of adverse action. Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.
6. Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
7. Army Regulation 600-8-22 (Military Awards) provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings, he had no adverse actions, and no commander's disqualification for award of the AGCM. Therefore, he is entitled to award of the AGCM for the period 3 March 1964 to 22 February 1966 and correction of his DD Form 214 to show this award.
2. He honorably served during a qualifying period for award of the NDSM. Therefore, he is entitled to the NDSM and to have his DD Form 214 corrected to show this award.
3. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Therefore he is entitled to correction of his DD Form 214 to show this badge.
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 for the period 3 March 1964 to 22 February 1966 and
b. adding to his DD Form 214 the AGCM, the NDSM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
_______ _ _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) AR20100024437
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ABCMR Record of Proceedings (cont) AR20100024437
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